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(영문) 수원지방법원 2017.09.19 2016고단5141

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 24, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a BF car without a driver’s license from the parking lot for the rest area located in the corner of the area where the wife population is located in the parallel of the day of the day to the roads front of the IC station in the same area of approximately 800 meters on the day of the day of the day.

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

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to report on investigation (to listen to telephone statements);

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

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. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution include the following facts: (a) the Defendant driving a vehicle which is not covered by mandatory insurance without a driver’s license; (b) the Defendant committed each of the instant crimes on May 19, 2003 with the cancellation of a driver’s license on May 19, 200; (c) the Defendant committed a violation of the Road Traffic Act (unlicensed Driving); and (d) seven times of punishment due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving). However, the Defendant did not cause any other injury to the Defendant on the other hand; (d) there was no record of punishment exceeding a fine; and (e) there was no particular criminal record after around 2010.