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(영문) 수원지방법원 2018.09.05 2017고단8424
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 22, 2017, the Defendant driven a C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

On March 25, 2018, the Defendant 1875, the 2018 Highest 1875, driving a F lusp car not covered by mandatory insurance without obtaining a driver's license from around 900 meters to around 16:05, from around 16:05, from around 900 meters to the front road of E.

Summary of Evidence

"2017 Highest 8424"

1. A protocol concerning the examination of the police officers of the accused;

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

1. "Motor vehicle driver's license register": 2018 Highest 1875;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

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 (the point of driving without a license), 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 reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the applicable sentencing range] [the sentence] imprisonment with prison labor for not more than one year and six months [the defendant] has been sentenced three times to a fine for driving without a license, and on February 3, 2016, the defendant was sentenced to two years of a suspended sentence for six months due to a violation of road traffic law (non-licenseless driving) at a flood control center and was sentenced to two years of a suspended sentence on February 12, 2016, which became final and conclusive on February 22, 2017, during the suspended sentence period, and was prosecuted on March 25, 2018, which was later discovered as a non-license without a license and was prosecuted, it is difficult to edification or improve the defendant by continuously imposing a fine or by continuously suspending the execution of imprisonment with prison labor.

In addition, the sentencing conditions indicated in the record, such as the defendant's age, sex, environment, motive of the crime and circumstances after the crime, are determined.

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