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(영문) 수원지방법원 성남지원 2017.07.14 2017고단1101
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant committed the crime: (a) around 09:25 on April 13, 2017, the Defendant not obtained a driver’s license in a section of about 500 meters from the central road in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the road in front of 309, according to the mountain of the same Si, and (b) operated the bcoon-road boom that did not purchase mandatory insurance.

2. On April 26, 2017, the Defendant, on April 26, 201, operated the freight vehicles listed in paragraph (1) that did not purchase mandatory insurance without obtaining a driver’s license from around 1.6 km to around 1.6 km away from around 11:15, Seongdong-gu, Sungnam-gu, Sungnam-gu to the 8-do Police Complex, Sungnam-gu to the Do Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of each offender;

1. Inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act lies in a large number of criminal offenses against the Defendant, and even though the Defendant was found to have committed a crime listed in Article 62(1)(1) of the Criminal Act on April 13, 2017, the fact that there is a risk of repeating a crime, such as committing a crime listed in Article 62(2) of the Criminal Act again, is disadvantageous.

However, in consideration of the fact that there is no record of punishment exceeding the fine against the defendant, confessions and reflects each of the crimes in this case, and other factors under Article 51 of the Criminal Act, the punishment shall be determined as per the order.

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