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(영문) 수원지방법원 2017.09.20 2017고단3261
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 8, 2017, the Defendant driven a B-car not covered by the mandatory insurance without obtaining a driver's license from around 4 km, from around 275, to around 139-2, the 127-ro, Simp, Young-gu, Young-gu, Youngwon (127) on the front side of the 139-2 road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to field photographs, inquiry registers of mandatory insurance, and driver's license registers;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances for sentencing) is unfavorable to the defendant - The defendant committed the second offense even though he was sentenced to each fine by driving alcohol or driving without obtaining a license for driving alcohol in 2016. - The defendant committed the second offense due to the simple concentration of traffic crimes. - All favorable circumstances are recognized by the defendant. - The defendant has no record of having been sentenced to a fine beyond the fine so far. - The defendant sold a vehicle provided for the crime - The defendant sold the vehicle to the crime, taking into account all the conditions of the sentencing revealed in the trial process, such as the order.

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