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(영문) 청주지방법원 충주지원 2013.05.23 2013고단126

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 16:30, 2013, the Defendant was driving a vehicle for riding along B, without obtaining a driver’s license, from the street in front of the snow park located in the voice Eup Eup/Myeon in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front road of the same Ri’s 1km section.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of the Ray Ray vehicle, and driving the said Ray vehicle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Mandatory insurance policies, and credit policies;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, and Article 46 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant again committed the instant crime since he/she was punished for the same criminal record on November 2012; the circumstances favorable to the risk of operating vehicles not covered by mandatory insurance: The Defendant reflects the Defendant’s crime; taking into account various circumstances, such as the Defendant’s age, character and conduct, occupation and family environment, etc., which are the conditions for sentencing indicated in the record.