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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단1444
도로교통법위반(무면허운전)등
Text

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

[2017 Highest 144] On October 3, 2016, the Defendant driven a coo motor vehicle on the 30-lane 104-ro 534-ro 534-ro 534-ro 104, which was operated by the Defendant without a driver’s license around 19:45 on October 3, 2016.

[2017 Highest 1829] On October 17, 2016, the Defendant driven a coo vehicle in B without obtaining a driver’s license from around about 1km to about 1km in front of the election commission of the election management commission located in 1168 circular 2-ro 1168, from the front of the Cheongju-si bus terminal located in Yeong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

[2017 Highest 144]

1. Statement by the defendant in court;

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

1. Details of conditional revocation of driver's license, and the ledger of driver's license;

1. Mandatory insurance inquiries (2017 high group 1829);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving), 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 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. In consideration of the fact that the defendant committed each of the crimes of this case by operating a vehicle without a license or driving a vehicle with no mandatory insurance even though he/she is discovered by driving without a license or is transferred to a trial for the reasons of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend lecture, the defendant's liability for the crime of this case is not easy.

However, there are many kinds of arguments in this case, such as the fact that the defendant recognizes and reflects the crime, the fact that the defendant has no record of the same crime exceeding the fine, and the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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