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(영문) 수원지방법원 평택지원 2016.09.22 2016고단1283

도로교통법위반(무면허운전)등

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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. Violation of the Traffic Act on roads;

A. On May 18, 2016, the Defendant driven a C Poter vehicle at a section of approximately 150 meters from the front side of the Jinter factory located in Pyeongtaek-si north-west to the front side of the Ginter factory located in Pyeongtaek-west 23, without obtaining a driver’s license for a motor vehicle on May 18, 2016.

B. On June 12, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 10:30 on June 12, 2016, driven a C Poter vehicle within a two-km radius from the front side of the modern steel products in Pyeongtaek-si, Chungcheongnam-do, to the future 28, the center of the Cheongbuk-ro.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is the owner of C Poter Vehicle.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

A. The Defendant operated C Poter vehicles that were not covered by mandatory insurance at the time, time, and place described in paragraph 1-A, as above.

B. The Defendant operated a C Poter vehicle that was not covered by mandatory insurance at the time, time, and at the place specified in paragraph 1-b.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Summary of applicable evidence of mandatory insurance-related statutes;

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to observe protection and attend lectures: Not subject to application;