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(영문) 대구지방법원 포항지원 2018.11.15 2018고단1174
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of a cargo vehicle B in salary-fol loan.

1. On August 27, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said cargo vehicle at a distance of about 2 km from the post office prior to the service route of the 5 port-ro, south-gu, Mapo-gu, Mapo-gu, Mapo-do, and the same road, from around 169, to around 169.

2. The owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating the motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle without mandatory insurance at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. Inquiries into the ledger of driver's licenses, information on non- mandatory insurance, and application of mandatory insurance-related Acts and subordinate statutes;

1. The point of operating an automobile with no mandatory insurance policy under Articles 152 subparag. 1 and 43 of the Road Traffic Act for criminal facts: Article 46(2)2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the same Act;

1. Selection of each sentence of imprisonment with prison labor (in particular, taking into account the fact that a person was punished by a fine of KRW 1.5 million for the same crime with the same content as this case, although the person was punished in 2017, taking into account that he/she again committed the instant crime without obtaining a license or driving alcohol, etc.);

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da1548

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