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(영문) 수원지방법원 성남지원 2017.01.19 2016고단2565

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 2565"

1. On July 11, 2016, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving a B-low-income vehicle within approximately 8km from the influenite area of the Gyeonggi-nam-si, which was located in the same city, to the ancient-gu, Jungwon-gu, Jungwon-gu, in the same city, without obtaining a driver’s license on July 11, 2016.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance. However, the Defendant operated a motor vehicle without mandatory insurance from the time and border as stated in paragraph 1, and from the speed of the first time again, the motor vehicle.

The Defendant, on October 5, 2016, driven a 3392 driver’s vehicle at approximately 8km from the 164 Sinju University Hospital to the 168 Sinju University University Hospital, the 168-ro 168, the 3392 Sindo, without obtaining a driver’s license on October 5, 2016.

Summary of Evidence

"2016 Highest 2565"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the circumstances of driving without a license, the ledger of driver's licenses for motor vehicles, and the register of lanes "2016 Highest 3392";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on unlicensed driving circumstances, a ledger of driver's licenses, and a reply letter;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the same Act;

1. Selection of each sentence of imprisonment;

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. Protective observation and community service work-related crimes under Article 62-2 of the Criminal Act (including repeated violations of law, such as records of a fine for the same kind, several times). On July 23, 2016, the Defendant was charged with a fine of three million won by driving without a license.

For preventing recidivism, the order is issued for more reasons.