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(영문) 청주지방법원 2016.04.26 2016고단29

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road without a driver’s license from around 3 km to around 1929, from around the 3km-ro, Young-gu, Seowon-si, Cheongju-si, Seowon-si, Cheongju-si, the 3km-si, Seowon-si, the Cheongju-si, the 3km-si, the Cheongju-si, the 1929-ro

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of Bone Star vehicles.

On October 25, 2015, the Defendant operated the said vehicle, which was not covered by mandatory insurance under the Guarantee of Automobile Compensation Act, on the road 1929, Seo-gu, Seo-gu, Seo-gu, Seoul, Seo-gu, Cheongju.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Application of Acts and subordinate statutes to investigation reports;

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 selection 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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures appears to have been sentenced to a total of four fines from 2009 to 2012 on the ground of non-licenseless driving, and the defendant's liability is heavier since he operated a vehicle not covered by mandatory insurance.

In addition, in consideration of the age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.