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(영문) 광주지방법원 2018.11.06 2018고단3694

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four 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 August 21, 2018, the Defendant: (a) driven a tri-wheeled freight without a registration number plate from the line near the home plug, located in the mountain-dong, Gwangju-gu, Gwangju to the west-dong road adjacent to the west-dong, Gwangju, without obtaining a driver’s license; and (b) drive a tri-wheeled freight without a registration number plate at approximately 6km section from the west-gu, Gwangju to the west-dong, North-gu, Gwangju.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the tri-wheeled Cargo as above, which 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. Inquiries about non-insurance operational information;

1. Application of Acts and subordinate statutes to inquire into non- mandatory insurance information;

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 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. Article 62 (1) of the Criminal Act on the stay of execution (the elderly, the recognition of the crime of this case and the reflection of mistake, etc.);

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;