beta
(영문) 창원지방법원 거창지원 2017.04.21 2017고단60

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

1. On February 18, 2017, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving a balone-off vehicle in the section of about 60km from the front of the Defendant’s house located in the Gyeongnam-gun, Chungcheongnam-gun, Gyeongcheon-gun, Gyeongnam-gun, without obtaining a driver’s license around 14:50 on February 18, 2017 to the middle distance of the quarter in the 140km-gun.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, driving an automobile, which was not covered by mandatory insurance, at the same time and place as the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on the occurrence of the case and report on the situation of unlicensed driving;

1. The driver's license ledger;

1. Making teas;

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

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 suspended execution;

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