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(영문) 수원지방법원 안산지원 2012.12.27 2012고단2333

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 September 25, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the B-car on the front side of the member Go-dong Park in Ansan-si without obtaining a driver’s license on September 25, 2012.

2. On September 25, 2012, the Defendant violated the Road Traffic Act, driving the above vehicle on or around September 21:10, and making an illegal internship on the front side of the Gosan-si Gyeongdong Park at Ansan-si.

When the police patrol is discovered, it was destroyed that the back of the victim C owned by the victim C, which was parked due to occupational negligence and did not accurately operate the brake system while stopping in front of the Gamban Wetlands Park in Ansan-gu, Sinsan-si, Sinsan-si, and caused the damaged vehicle to be 41,063 won in repair cost, by shocking the back part of the victim C, which was parked on the left side of the defendant's vehicle.

3. Although the Defendant could not operate a motor vehicle with no mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant was driving the motor vehicle without being covered by liability insurance at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. License register;

1. Insurance inquiry;

1. Written estimate;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (No. 5 No. 5 of the evidence list);

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each type of punishment;

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. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;