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(영문) 서울중앙지방법원 2015.04.29 2015고단1374
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 28, 201, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (unlicensed Driving) in the Gyeyang Branch of Suwon District Court on April 28, 201, and on August 13, 2012, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (unlicensed Driving) and has the same kind of power four times in total.

【Criminal Facts】

1. On February 19, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving at the section of about 20 km from the front day of the Gyeonggi king-si to the fifth day of the Jongno-gu Sales Road, without obtaining a driver’s license on February 12:30, 2015.

2. The owner, etc. of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall not operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant, as the owner of the Mat Motor Vehicle, operated the above motor vehicle which was not covered by mandatory insurance, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. An explanatory note for each control;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of criminal records of the same kind of suspect);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for each choice of punishment (with the history of driving without obtaining a license or driving under the influence of alcohol, and with the history of being punished for violating the Guarantee of Automobile Accident Compensation Act, considering the fact of committing the instant crime);

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. Order to attend lectures under Article 62-2 of the Criminal Act;

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