beta
(영문) 창원지방법원 진주지원 2018.02.07 2017고단936

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 June 16, 2017, the Defendant: (a) driven a car without a driver’s license on the 2km section from June 21, 2017 to June 28, 2017, on the west-si, Jin-si, Jin-si; (b) the Defendant driven a car without a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person holding the said director’s car.

The defendant operated the car that was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act, 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, with labor;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in a crime of violation of the Guarantee of Compensation for Motor Vehicle Damages, which has heavier standing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;