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(영문) 수원지방법원 성남지원 2017.07.18 2016고단3016
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 28, 2016, at around 21:15, the Defendant driven a B-type freight vehicle not covered by automobile insurance at approximately 200 meters in front of the door-type three-distance road located in the Mapo-si, Mapo-si, Mapo-si, Gwangju, with no driver’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Selection of each sentence of imprisonment;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is deemed to operate a vehicle for which the defendant has not subscribed to mandatory insurance without a driver's license. In particular, the crime of this case and its nature are heavy in light of the fact that the defendant committed the crime of this case, even though he was sentenced to two years of suspended execution for the period of eight months of suspended execution on November 12, 2015, since he was sentenced to two years of suspended execution on the grounds of the crime of violation of the Road Traffic Act and the violation of the Road Traffic Act at the Suwon Friwon method.

In addition, the sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., shall be considered together, and the punishment shall be determined as ordered.

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