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(영문) 광주지방법원 2018.03.20 2017고단4876
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than five 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

around 15:30 on August 24, 2017, the Defendant driven a F-car that was not covered by mandatory insurance without a driver’s license from approximately 50 meters to the front road located in Gwangju Dong-gu, Gwangju, about 15:30 on August 24, 2017.

The Defendant owned G vehicle on February 17, 2013, operated the said vehicle that was not covered by mandatory insurance on February 17, 2013, 2015, including operating the said vehicle on the front side of the 21th national highways of the 15:02 Sinsan-si, Gyeongsan-si, the 21th national highway, and from that time until October 25, 2015, as indicated in the list of crimes.

Summary of Evidence

"2017 Highest 4876"

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Mandatory insurance certificate;

1. "Register of driver's licenses for motor vehicles": 2017 Highest 5177;

1. Statement by the defendant in court;

1. Inquiry into non-insurance operations vehicles;

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

1. Relevant Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the facts constituting an offense; Article 46 Subparag. 2 and the main sentence of Article 8 of the former Guarantee of Automobile Compensation (wholly amended by Act No. 12987, Jan. 6, 2015); Article 46 Subparag. 2 of the former Guarantee of Automobile Compensation (wholly amended by Act No. 12987, Jan. 6, 2015); Article 46 Subparag. 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act as to each motor vehicle compensation; Articles 46 Subparag. 2 and 8 of the Guarantee of Automobile Compensation Act (Operation of Motor Vehicles with no mandatory insurance); and selection of imprisonment

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

(a) Conditions disadvantageous to the defendant: The defendant is continuing to drink alcohol or drive without a license;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other records of this case.

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