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(영문) 수원지방법원 성남지원 2016.07.15 2016고단584
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

On March 12, 2016, around 14:30, the Defendant driven a coo vehicle to C without obtaining a driver's license from the front day of the Yju-dong in the Yju-dong in Gwangju-si to the front day of the hospital, without obtaining a driver's license from around 1km-dong to the front day of the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, inquiry into mandatory insurance, and inquiry into non-performance of mandatory insurance;

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 choice of imprisonment, respectively;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture is that the defendant drives a vehicle without mandatory insurance without a driver's license, even though he had a total of seven times of the same crime including the previous convictions before the suspension of execution, and the nature of the crime is not weak: Provided, That the defendant does not go against other traffic-related Acts and subordinate statutes, but has no record of punishment for the same crime since 2009, and there is no record of punishment after the year 2009, the defendant lives in prison for a considerable period of time and does not repeat again with his mistake, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, etc., should be considered and determined as above.

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