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(영문) 수원지방법원 2017.10.11 2017고단3540
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by imprisonment with prison labor for the crime of 2017 senior group 3540 of the judgment of Defendant, and fine for each crime of 2017 senior group 5108 of the judgment of Defendant.

Reasons

Punishment of the crime

On May 16, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of road traffic law (unlicensed driving) at the Suwon Friwon on May 16, 201, and the said judgment became final and conclusive on May 24, 2017.

On May 18, 2017, the Defendant 2017 upper group 3540, the Defendant driven a Crash car within about 10 kilometers from the front of the Defendant’s residence in the Glue City B to the front of the 418-3rd road in the local-nam Eup at the time of harmony, from the front of the Defendant’s dwelling in the Glue City B without obtaining a driver’s license.

The Defendant, on July 27, 2017, driven a mandatory insurance policy on the street in front of the oil station E in 100cc, without a motor device bicycle license, 17:30 on July 27, 2017.

Summary of Evidence

"2017 Highest 3540"

1. Statement by the defendant in court;

1. "Motor vehicle driver's license ledger 2017 high group 5108";

1. Statement by the defendant in court;

1. The actual survey report, the ledger of driver's licenses, and the report on the occurrence of traffic accidents";

1. Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of a suspect's criminal history and judgment) statute;

1. Relevant Article of the Act and the main sentence of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 154 subparagraph 2, Article 43 (Selection of Fines) concerning facts constituting an offense, and Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 (Selection of Fine) of the Act on the Guarantee of Automobile Compensation;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [this case’s Article 39 (1)] shall be limited to the crimes of violation of the Traffic Act by a person on May 18, 2017 and the crimes of violation of the Road Traffic Act (unlicensed Driving) for which judgment becomes final and conclusive;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (only between a violation of the Road Traffic Act (Unlicensed Driving on July 27, 2017) and a violation of the Guarantee of Automobile Compensation)

1. The circumstances favorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are committed by the Defendant, are all criminal facts.

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