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(영문) 창원지방법원 2016.05.20 2016고단423
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 17, 2016, the Defendant driven B Poter truck without obtaining a driver’s license in a section of about 200 meters, from the road adjacent to the original station station located in 67, as the window of Changwon-si, Changwon-si, to around 200-ro 443, from the road located in 67, to the road in front of 200-way.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B Poter freight.

The Defendant operated the foregoing cargo vehicle, which was not covered by mandatory insurance at the same time and place as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Investigative into the ledger of driver's licenses (A) and the main office;

1. Application of Acts and subordinate statutes to inquire into non- mandatory insurance information;

1. Relevant legal provisions concerning facts constituting an offense and driving without obtaining a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that have not mandatory insurance: Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on January 17, 201, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic laws (unlicensed driving) at the Changwon District Court on January 17, 201, and on September 18, 2015, the Defendant was sentenced to a fine of 3 million won for a violation of road traffic laws (unlicensed driving) at the Changwon District Court on September 18, 2015 and repeated the same offense despite the five times of past past the same type of force, is the reason for sentencing unfavorable to the Defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc., are considered in consideration of the favorable reasons for sentencing, such as the defendant's mistake, the fact that the defendant has no record of punishment heavier than that of suspension of execution of the same kind of crime, and other conditions for sentencing under Article 51 of the Criminal Act.

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