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(영문) 창원지방법원 2017.12.13 2017고단2982
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 February 13, 2017, Defendant 1, without a driver’s license, driven a vehicle of so-called Chump from a distance equivalent to approximately 100 meters in front of the window B in Changwon-si to the two window B in Changwon-si, Changwon-si, to the road in front of the Public Security Center.

2. The Defendant violated the Guarantee of Automobile Compensation Act operated the said car without mandatory insurance at the aforementioned date and place.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and imprisonment with prison labor;

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. The former sentence of imprisonment with prison labor for six months: Imprisonment with prison labor for four months and suspended execution; two years for community service for two hours; causes of aggravation of community service for eight hours: Cumulative previous convictions (i.e., a fine for a violation of the Guarantee of Automobile Damage Compensation by Three times a fine for driving without a license); and (ii) causes of mitigation, such as non-appearance of public trial: Confessions, difficult difficulties, etc.;

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