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(영문) 수원지방법원 안산지원 2016.04.26 2016고단931

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. Violation of the Traffic Act on roads;

A. On March 21, 2016, the Defendant was a member of Ansan-si around 07:10 on March 21, 2016

B. The day before the front 3rd day of the road, the first 153rd day of the road, driving Cone Starsch car driving without the driver’s license in approximately 2 km section of the vehicle.

B. On April 1, 2016, the Defendant: (a) driven a car with Cone Star Co., Ltd without a motor vehicle driver’s license at approximately 500 meters section from front to front of 90, a 141-gil, a day from front to front of 48, as an old movable, from around 11:00 to front of 48.

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

Nevertheless, the defendant is above

1. The above Lone Star Co., Ltd. owned by the Defendant who was not covered by mandatory insurance at the same time and at the same place as subsection (a) was driven by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. The provisions of subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting the crime, 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 for each type of crime;

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. The crime of this case has been repeated even after the defendant was punished for the same offense as the same offense on or around 2015 of the Criminal Act for the reason of sentencing under Article 62-2 of the Protection and Observation Act: Provided, That the punishment as ordered shall be determined by taking into account all the circumstances, including the fact that the defendant was not sentenced to a suspended sentence or higher until now, and other circumstances, including the defendant’s age, occupation, family relationship, and economic situation.