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(영문) 의정부지방법원 2017.10.17 2017고단2462
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 12, 2001, the Defendant violated the Road Traffic Act (unlicensed driving) was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (unlicensed driving) at the Incheon District Court on November 12, 200, and the previous conviction was two times more.

On May 26, 2017, the Defendant driven D Poter cargo vehicles without a driver's license in approximately 11 km from Guri-si 926-ro 21 Guri-si Gyeongyang-si, Namyang-si, Gyeongyang-si, 15:20 on May 26, 2017 to Guri-si 3, 11 km in front of Guri-si.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a D Poter freight.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on May 26, 2017, the Defendant operated the cargo vehicle which was not covered by mandatory insurance by driving it on the front of the charging station of CELP in Guri-si B, Guri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

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

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating automobiles which are not mandatory insurance) and the choice 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 observation and observation of protection and the provision of social service order under Article 62-2 of the Criminal Act three times before and after the driver's license without the defendant, and the violation of the Guarantee of Automobile Compensation, and three times before and after the violation of the Guarantee of Automobile Compensation: Provided, That the same kind of criminal records exceeds

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