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(영문) 수원지방법원 2019.01.08 2018고단6059
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 29, 2016, the Defendant driving a C-math truck in a section of about 70 km from the roads adjacent to the HongIC in the Chungcheongnam-gun without obtaining a driver's license on June 29, 2016.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a e-math cargo vehicle C.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the foregoing cargo vehicle without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. To arrest a person suspected of violating the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act (un mandatory insurance) or reporting on such violation;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the inspection of the motor vehicle register, mandatory insurance, and motor vehicle register;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the Defendant, whose driver’s license was revoked on March 20, 2014 due to the operation of unregistered automobiles, was driving without obtaining a license for an automobile not covered by mandatory insurance, and the nature of the crime is not somewhat weak, and the Defendant was punished on July 2014 by a fine on two occasions due to driving without a license in July 2014, and on August 2015, without being aware of the fact that the Defendant committed the crime of this case without being aware of the fact that he committed the crime of this case.

However, the defendant recognized the crime of this case and divided his mistake.

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