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(영문) 전주지방법원 군산지원 2017.09.13 2017고단867
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

1. On July 8, 2017, the Defendant was driving a Dap Motor Vehicle B without the driver’s license on a section of about 300 meters from the front road of the 408-dong-ro 408-dong-si to the front road of the new Heung River located in the same Dong from the front road of the 400-dong-si.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, and the defendant is a holder of BDap Motor Vehicle.

Nevertheless, the defendant operated a car with the above majority which was not covered by mandatory insurance at the same time and place as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Application of statutes to a report on detection of an offender;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment for each type of crime;

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 suspended sentence of the Criminal Act provides that the Defendant, who has had been punished several times due to the reason for the sentencing under Article 62(1) of the same Act, repeated driving without a license, and the nature of the offense is not less than that of the offense, but the Defendant recognizes and reflects his/her mistake, and takes into account all other circumstances, such as the Defendant’s age, sex behavior, environment, etc., and shall determine the punishment as ordered;

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