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(영문) 수원지방법원 평택지원 2016.07.13 2016고단779
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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 May 13, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C rocketing car within a section of about 3 km from the front day of Ansung-si to the front day of the same 3km-ro 747 in the front day of the car at the same time without obtaining a driver’s license from around 06:30 on May 13, 2016.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, the Defendant operated the said rocketing car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance;

1. The driver's license ledger;

1. A police investigation report (voluntary accompanying report);

1. Application of each statute on photographs;

1. Selection of imprisonment with prison labor for the relevant criminal facts, Article 152 subparagraph 1 of the Road Traffic Act and Article 152 of the same Act (non-licensed driving points), Article 43 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation;

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. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, community service and order to attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc.

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