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(영문) 수원지방법원 성남지원 2018.01.12 2017고단2301
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a car at approximately 6 km from the front side of the cafeteria 765-ro, South Korean, Busan, without obtaining a driver’s license for a car around 08:0 on August 7, 2017, to the front side of the 765-ro, Namsung-ro, South Korea, for the purpose of revising the 289-lane from the front side of the cafeteria to the front side of the 289-lane.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of C Orus car.

No person shall operate any motor vehicle on a road, which has not been subscribed to mandatory insurance.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to criminal reports and mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 selection of imprisonment, respectively;

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 suspended execution;

1. On April 30, 2007, the defendant for the reason of sentencing under Article 62-2 of the Criminal Act: the summary order of one million won or more for the crime of violating the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on April 30, 2007; the summary order of 1.5 million won or more for the same crime committed at the Busan District Court on May 1, 2008; the summary order of 1.5 million won or more for the same crime committed at the Ulsan District Court on January 15, 2010; the summary order of 2 million won or more for the same crime committed at the Ulsan District Court on January 15, 2010; and the fact that the driver's license was revoked due to driving under drinking is disadvantageous to the defendant. However, the sentence of this case shall be determined as per the order by taking into account favorable circumstances, such as

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