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(영문) 수원지방법원 2017.06.20 2017고단1523
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

Criminal facts

1. On February 22, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and operated BMF5 car at a section of approximately 2km from the place where the color-dong located in Suwon-si, Suwon-si, Suwon-si, to the section front of the construction section complex 308-6 located in the same section of the same section, to the 308-6 street.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) was a person holding a BMF5 car without mandatory insurance; and (b) operated the said MF5 car at the time and place specified in paragraph (1) as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, chassis, and mandatory insurance inquiry report;

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 Damage Compensation Act, and choice of imprisonment with prison labor, 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. Circumstances favorable to the defendant with reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant has no previous convictions of imprisonment.

The defendant has disability and needs to support his/her family.

Circumstances unfavorable to the defendant are as follows:

In 2016, the defendant was sentenced to a fine of KRW 4 million due to driving without a driver's license in 2008, and a fine of KRW 1.5 million due to driving without a driver's license in 2008 and has a record of criminal punishment several times for the same crime.

In 2015, the Defendant was sentenced to a fine of KRW 5 million due to driving of a light drinking and was sentenced to a fine of KRW 5 million.

In addition to the above circumstances, the following circumstances are considered: the Defendant’s age, sex, career, environment, background and consequence of the crime, and the circumstances after the crime.

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