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(영문) 수원지방법원 안산지원 2016.08.25 2016고단1894
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[2016 Highest 1894]

1. On May 23, 2016, the Defendant: (a) driven a B B B-type vehicle without a driver’s license at a section of about four kilometers from the 4km section of the road to the front road in the same name as that of the same Gu, from the influence area not exceeding the same as that of the Gu, Ansan-si, Ansan-si. In addition, the Defendant driven a B-type vehicle without a driver’s license.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road unless he/she purchases mandatory insurance for motor vehicle;

Nevertheless, the Defendant did not purchase mandatory insurance and operated a vehicle as referred to in the above 1.

[2016 Highest 2624] On July 5, 2016, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license in a section of about 1k from the 120th parallel to the 70th parallel road of the same Gu, Ansan-si, Ansan-si, the 09:30 on July 5, 2016.

[2016 Highest 2669] On July 8, 2016, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license from the construction site of the Han-dong Han-dong Apartment at Sinung-dong, Sinung-dong, Seoul, to the front road of the Sungdong Industrial Machinery at the same time.

Summary of Evidence

[2016 Highest 1894]

1. Statement by the defendant in court;

1. Detailed statement in the circumstances of driving without a license, investigation report (the ledger of driving license and the ledger of registration of automobiles), investigation report (Attachment to the details of purchase of mandatory insurance for automobiles) (Attachment to the details of purchase of mandatory insurance for automobiles);

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, details of revocation of a driver's license, and each entry in the register of driver's licenses (2016 order 2669);

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes stated in the situation report on driving without a license, the ledger of driver's licenses, and the inquiry report of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving), 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 choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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