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(영문) 수원지방법원 여주지원 2017.07.12 2017고단487
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

[criminal history] On December 14, 2016, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act (unlicensed driving), on May 20, 2016, a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed driving) at the same court on May 20, 2016, and a summary order of KRW 3 million for a violation of the Road Traffic Act (driving driving) at the same court on June 7, 2013, and a summary order of KRW 1 million for a violation of the Road Traffic Act (driving driving) at the same court on August 19, 202.

[Criminal facts] On April 10, 2017, the Defendant driven a B-wing truck not covered by mandatory insurance without obtaining a driver’s license from approximately 10km section from the front of the office of the Gangwon-do Office in the Scheon-si to the front of the road of the innju City, which is located on the 190-ro west-ro, to the front of the road of the innju City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving points), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the same Act (the point of operating a vehicle with no mandatory insurance) and the choice 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 stay of execution (see, e.g., circumstances in which no record of punishment heavier than a fine exists);

1. The community service order under Article 62-2 of the Criminal Act;

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