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(영문) 의정부지방법원 2017.02.09 2016고단1858
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant, on May 6, 2016, driven a D S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Statement by the defendant in court;

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

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 Damage Compensation Act (Non- mandatory insurance) of the same Act;

1. Selection of each sentence of imprisonment;

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. A person who operates a motor vehicle with reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection, community service order, and order to attend a lecture, is obligated to acquire a driver's license issued to a person who has the ability to drive and operate the motor vehicle with due care and care.

In light of the fact that the defendant drives a vehicle with no mandatory insurance in the state of revocation of a license due to drinking driving, and that the defendant has been punished for the same kind of crime even before, there is a need for strict punishment.

However, the defendant does not drive without a license.

The sentencing conditions specified in pleadings, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the order.

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