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(영문) 수원지방법원안양지원 2020.08.20 2020고단823

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 10:21, 2020, the Defendant driving a motor vehicle in the Esp-type without obtaining a driver’s license from the front side of C High School located in Boyang-gu B at Ansan-si to the front side of the same Gu D third-distance road.

2. While the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act, the Defendant driven the said motor vehicle without mandatory insurance at the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The license ledger;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to photographs at the detection site;

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

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. The punishment as ordered shall be determined in consideration of the fact that a defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act drives a vehicle without mandatory insurance in the state of revocation of a license due to drinking driving, and the defendant was punished for driving without a license in 2004;