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(영문) 대전지방법원 천안지원 2016.05.12 2015고단1918
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without obtaining a driver’s license, and driving a C Poter in a section of about 1km from the front road of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si to the lower road of the Seo-gu, Seo-gu, Seo-gu.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as the owner of the above cargo, operated the above cargo vehicle which was not covered by mandatory insurance in the same time and section as the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of the driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

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 Criminal Act on the suspended execution;

1. In light of the fact that the sentence of Article 62-2 of the Criminal Act, despite the records of the same kind of crime, leads to the crime of this case, one of the cases is against the law, and there is no record of punishment heavier than the suspended sentence.

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