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(영문) 수원지방법원 2019.05.22 2019고단284
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 24, 2018, the Defendant driving a Doz car at approximately 5 km from the front line B in Suwon-si, Suwon-si to the front line B in the same city, without obtaining a driver’s license, on December 24, 2018.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The Defendant operated a passenger car specified in Paragraph 1 that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the situation of driving without a license;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the tea association and mandatory insurance association;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On August 23, 2017, the crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act was committed by the Defendant, whose driver’s license was revoked on August 23, 2017, driving a motor vehicle without obtaining a license for the mandatory insurance, and the nature of the crime is not weak, and the Defendant committed the crime of this case without being aware of the fact that the Defendant had been punished four times due to driving without a license, etc., and committed the crime of this case.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for the suspension of execution or more yet, and that there is no record of punishment, and other circumstances that form the conditions of sentencing as shown in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc.

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