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(영문) 의정부지방법원 2018.08.31 2018고단2194
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On February 9, 2018, the Defendant owned B-learning automobiles, and operated the said passenger car without obtaining a driver's license for the section of about 5 K from the date of the mutual unfoldion of the road located in the C-U.S. at the time of the government around 08:40 on February 9, 2018 to the south-U.S. roads located in 400 South-U.S. at the time of T-U.S., the Defendant operated the said passenger car not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An inquiry into the enemy and mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and each choice of imprisonment with prison labor, respectively;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes concerning a violation of the Guarantee of Compensation for Motor Vehicles of which the quality of the crime is heavier);

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, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education has the past history of being punished for driving without a license twice in the past. On March 22, 2017, the court was punished by a fine for a violation of the Road Traffic Act and the license for driving under drinking was revoked on March 2, 2017, and all of the crimes of this case are recognized and reflected by the defendant in unfavorable circumstances, such as the fact that the defendant committed the crime of this case, and the defendant entered into an automobile insurance contract after the investigation by an investigative agency, and the defendant's age, health status, family relationship, sexual conduct, circumstances after the crime was committed, etc., the sentence is determined as per the disposition.

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