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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단2518
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

[2016 Highest 2518] On August 31, 2016, the Defendant driven a 2-wing 3 truck, which was not covered by mandatory insurance without obtaining a driver’s license, at a distance of about 5 km to the front side of the apartment complex, located in the Dong-dong Hospital located in the Dong-gu Incheon Metropolitan City, Seoyang-gu, Seoyang-gu, Busan Metropolitan City to 27, the Dong-gu, Seoyang-gu, Seoul Metropolitan City to 859.

[2016 Highest 2877] Around 10:50 on August 26, 2016, the Defendant driven a B 3 truck with freight not covered by mandatory insurance without obtaining a driver’s license from approximately 5km distance to the front road of the Gosan High School located in the Geumcheon-gu Seoul High School located in the Geumcheon-gu Seoul High School in the same city.

Summary of Evidence

[2016 Highest 2518]

1. Defendant's legal statement;

1. Report on the current status of driving without a license, details of disposition on the revocation of a license, mandatory insurance association, and the register of driver's licenses;

1. Defendant's legal statement;

1. Report on the current status of operation without a license, the register of driver’s licenses for automobiles, and the register of mandatory insurance;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, each of the choice of punishment, 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. The reason for sentencing under Article 62(1) of the Criminal Act was discovered when the Defendant was found to have been driving without a license from 2008 to 3, 4th day.

The passenger car driven by the defendant is the same passenger car and was driven without mandatory insurance.

In light of the repetition of the punishment, it is difficult to expect the effect of the punishment of the fine.

However, in consideration of the fact that the defendant is against himself and has no criminal record of the same kind who has been punished in excess of the fine, and the age, character and conduct of the defendant, the circumstances leading to driving, etc.

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