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(영문) 창원지방법원 거창지원 2016.03.16 2016고단14

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

Punishment of the crime

1. On December 30, 2015, the Defendant, without obtaining a driver’s license, driven B cargo vehicles over a section of about 50 km from the road near the expressway located in the cross-section of the Cheongnam-gun of the Gyeongnam-gun, Chungcheongnam-gun, the Gyeongnam-gun, to the road near the Dom in the border located in the Dom of the Dom in the Dom of the Dom-gun.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above B Freight Vehicles without mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (the arrest of a suspected vehicle for unmeasures taken after an accident);

1. Application of the ledger of driver's licenses (A) and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 selection 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 light of the fact that the defendant had a majority of criminal records of the same kind due to driving without a license for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, among which the defendant committed the instantless driving even though he/she had a criminal record of the suspension of the execution of imprisonment, the nature of the crime is light;

shall not be deemed to exist.

The defendant's risk of recidivism is very high and the protection observation and community service order shall be ordered.