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(영문) 수원지방법원 2016.09.21 2016고단1855
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 23, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (refluence of drinking), etc. at the Suwon Friwon, and completed the execution of the sentence on February 28, 2016.

[Specific Crime]

1. Violation of the Traffic Act on roads;

A. On April 10, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle on April 13:35, 2016, driven C rocketing motor vehicle at approximately 50 meters from the 60-5-ro, Suwon-si, Suwon-si, to the 66-lane, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

B. On April 18, 2016, the Defendant driven the said vehicle at a section of about 1km from the vicinity of the Chowon-gu, Suwon-si, Suwon-si to the 665 mpon road, which was located in Suwon-si, Suwon-si, Suwon-si, to the direction of the runway distance, without obtaining a driver’s license, around 11:40 on April 18, 2016.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant operated the said motor vehicle at the place indicated in paragraph (a) around April 10, 2016 at around 13:35, at around 13:35, at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses of each motor vehicle;

1. Inquiry into mandatory insurance (2:33 pages from among two books of investigation records);

1. Criminal records: Application of a reply to inquiries, such as criminal history, each investigation report (Attachment of the identification of the suspect, or attachment of the same military record judgment);

1. Relevant Article of the Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving) concerning facts constituting an offense, Articles 152 subparag. 1 and 43 of the same Act, Article 46 (2) and (2) of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (main sentence) of the same Act, and the selection of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are several criminal records due to driving without a license for the reason of sentencing (including the previous sentence of imprisonment and eight times). The crime of this case is a crime committed during the period of the same repeated crime.

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