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(영문) 수원지방법원 안양지원 2018.01.16 2016고단819
자동차손해배상보장법위반등
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

On May 2, 2016, 2016, the Defendant driven a B rocketing car owned by the Defendant without obtaining a driver’s license from 11 p.m. to 17 p.m. from 11 p. 16 p.m. to 17 p.m. per 9 p.m. at the same time, from 17 p.m. to 17 p.m. at the entrance of the tunnel.

On March 18, 2016, 2016, the Defendant driven a B rocketing car without obtaining a driver's license from around 2 km section from around 15:15, 2016 to the 78-3 smart hotel located in front of the Sinpo-si, Sinpo-si, Sinpo-si.

On June 11, 2016, the Defendant 2017 Godan 1411 driven approximately 1km from the smart hotel in front of the military prisoner of war at the Gunpo-Gun without obtaining a driver's license on June 11, 2016 to the front road of the gold-dong community service center in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Report on the circumstances of driving without any license;

1. The driver's license ledger;

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

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

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 Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution does not relax the criminal liability in light of the fact that the Defendant continued to commit the instant crime, even though there are several occasions of records of punishment for driving without a license, but there is no record of punishment exceeding the fine, and all other factors of sentencing including the Defendant’s age

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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