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(영문) 수원지방법원 평택지원 2017.09.20 2017고단1315
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

The defendant is a holder of the first passenger car in B, and no person shall operate a motor vehicle which is not covered by mandatory insurance.

On June 21, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on June 21, 2017, operated a part of approximately two kilometers from the 51 Do in front of Pyeongtaek-si Do in Pyeongtaek-si 51, to the 616 Do in the same city, from the Do in front of the 51 Do in Pyeongtaek-si Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a report on the circumstances of driving without a license, driving license ledger, and mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment for each type of crime;

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. Two times of the same record of sentencing under Article 62-2 of the Social Service Order Criminal Act (the fine for driving without a license in 2008, a fine for driving without a license in 2017, and driving without a license in 2017), confession and reflectivity, vehicle scrapping and not repeating the crime; the fact that there is no record of punishment exceeding the fine; the fact that there is no record of punishment exceeding the fine; and other various conditions of sentencing known by the records of this case.

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