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(영문) 수원지방법원 안산지원 2017.01.24 2016고단1548

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car by borrowing B.

1. On March 1, 2016, the Defendant driven the said vehicle owned by himself/herself without a driver’s license for the vehicle from March 1, 2016, where approximately KRW 21 km from around 10 to around 85 on the road surface of the members of Ansan-si, Ansan-si, the upper half of which is about five-lane 10,5,5-ro, Suwon-si, Suwon-si, the upper half of which is about KRW 21 km.

2. Although the vehicle that was not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation Act is prohibited from being operated on the road, the defendant is a person holding the above vehicle on a daily basis, such as the above Section A, and operates the above vehicle that was not covered by mandatory insurance.

Summary of Evidence

1. Application of Acts and subordinate statutes that report the circumstances of driving without a license and inquire about mandatory insurance;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (Operation of Non-Compulsory Motor Vehicles) of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the following factors are considered: (a) the Defendant has been sentenced to suspended sentence for the same kind of crime; (b) the Defendant has failed to appear in this court; and (c) the Defendant has been punished twice by a fine for the same type of crime on or around the same day;