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(영문) 대전지방법원 홍성지원 2017.01.18 2016고단765
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for 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

1. On August 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the B1 ton cargo vehicle without a driver’s license in the section of approximately 1.5 K m from around 15:10 to around 739-2, from the west-gun, Seocheon-gun, Seocheon-do, Seocheon-do, Seocheon-do, Seocheon-do to the sloping-dom of the same surface.

2. Any person who violates the Guarantee of Automobile Compensation Insurance Act shall be prohibited from operating a motor vehicle on the road, which is not covered by mandatory insurance, but is not covered by mandatory insurance at the time and place as provided in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, report on the circumstances of driving without licenses, and 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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances:

There is a record of being punished several times for the same crime (one time, etc. of suspended execution) that is committed in the instant case.

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