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(영문) 수원지방법원 안산지원 2017.02.28 2016고단4642
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to the suspension of the execution of six months of imprisonment with labor for a crime of violating road traffic law (unlicensed driving) in support of Sungnam branch of Suwon branch of November 5, 2014, and the decision became final and conclusive on June 20, 2015, and was sentenced to criminal punishment for the same crime more than six times in addition to the period of suspension of the execution.

[Criminal facts] The Defendant is a holder of H-wing and freight cars.

1. On July 27, 2016, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven the said cargo without obtaining a driver’s license from the apartment parking lot to the front road of the 10km in the same Singue Eup dong-Eup dong-ro 12 from the apartment parking lot to the 10km road of the same Singue-Eup dong-si dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong

2. Notwithstanding the fact that anyone 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, the defendant operated the motor vehicle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The reason for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Act on the Aggravated Punishment of Concurrent Crimes shows an attitude against the defendant.

However, the circumstances after the crime are not good, such as the defendant's considerable criminal history, recidivism during the suspension of execution, and notification of the personal information of another person immediately after the crime is committed.

Pronouncement of sentence is inevitable.

Other records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case.

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