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(영문) 수원지방법원 2020.01.23 2019고단2827
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:35 on May 14, 2019, the Defendant driving a vehicle without obtaining a driver’s license in the section of about 2K meters from the 17:2K from the Masung City to the front road of the Diplomatic Association located in C, and driving the ecodo-Ban.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant driven an Ecodo-Ba vehicle that was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policies;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with labor, respectively;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the order of community service order is that the defendant repeated a crime even though he had the record of punishment several times due to unlicensed driving, drinking driving, etc., driving with a vehicle not covered by mandatory insurance, and traffic accident occurred, etc. under the circumstances unfavorable to the defendant. Meanwhile, the fact that the defendant reflects the crime, traffic accident is very minor, traffic accident is agreed with the victim, and there is no history of fine or heavier punishment, etc. are considered as favorable to the defendant. It is decided as per Disposition by taking into account the circumstances favorable to the defendant, and taking

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