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(영문) 수원지방법원 평택지원 2015.01.22 2014고단1840
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 7, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (unlicensed Driving) at the credit branch of Suwon District Court on August 7, 2006, and on October 12, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime at the Suwon District Court on October 12, 201.

【Criminal Facts】

1. On September 24, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving at approximately 2 km section from the 2km section to the west-gu car in Pyeongtaek-dong without obtaining a driver’s license on September 24, 2014.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance at the time and section as stated in paragraph (1), operated the motor vehicle mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Confirmation of the same criminal records);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant committed the instant crime without obtaining a license without mandatory insurance even though he/she had three criminal records, such as having criminal records subject to a suspended sentence due to a non-licensed driving, etc., and thus, the Defendant committed the instant crime corresponding to the liability for such crime.

However, in consideration of the fact that the defendant is divided into crimes, this case shall be sentenced to probation and community service order on condition that the defendant is simply licensed operators.

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