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(영문) 수원지방법원 2017.01.05 2016고단6049

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for four 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 August 26, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a BM7 vehicle without a driver’s license on the 2km section from around 33 km to the road located in the sphere of Suwon-si, Suwon-si, from around 125, to around 2km in the direction of the road.

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

Nevertheless, the Defendant operated the BM7 car that was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving points), Article 46 (2) and 2 of the Guarantee of Automobile Damage Compensation Act, main sentence of Article 8, and selection of imprisonment with prison labor;

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 suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant is against his/her gender,

1. An order to attend a course under Article 62-2 of the Criminal Act;