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(영문) 창원지방법원 마산지원 2017.02.14 2017고단16
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 December 17, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a car with B, without a driver’s license, from the terminal parking lot of the Musan bus in the area of 2-dong, the members of the Musan city in Chang-si, the Changwon-si, to the end of the end of the end of the Musan bus terminal in the area of about 1km, which is located in the area of 290 m of the same Gu from the Masan bus terminal to the end of the road.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a driver of a passenger car with B low-priced car.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on December 17, 2016, at around 23:50, the Defendant operated the said vehicle without mandatory insurance from the Masan bus terminal parking lot located in the 2-dong synthetic city, Changwon-si, Masan-si, Masan-si, to the road front of the terminal for the Musan bus terminal located in the 290-gu, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

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. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

On April 29, 2016, even though the court was punished for the same kind of crime, it has committed the crime of this case.

The favorable circumstances: The crime of this case is against the law.

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