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(영문) 춘천지방법원 영월지원 2014.08.08 2014고단189

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

1. On April 11, 2014, the Defendant: (a) driven a B wing truck without obtaining a driver’s license from an industrial company of the arched Abandoned-gun, Gangwon-do, from around 2 km to the front of the training center for the youth of the White-ri in the same face; (b) around 19:02 on April 11, 2014, the Defendant was driving a B wing truck without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing cargo vehicle without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to non-licensed drivers control note, ledger of driver's license, mandatory insurance, and certificate of automobile insurance coverage;

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) 2 and 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 reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant had been already punished several times due to the violation of the Road Traffic Act, and the records and arguments such as age, happiness, family environment after committing the crime of violating the Road Traffic Act, are considered in light of all the sentencing conditions stipulated in Article 51 of the Criminal Act.