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(영문) 광주지방법원 순천지원 2015.05.29 2015고단439
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 10, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a car in approximately 90 kilometers, without a car driver’s license, from the GMco apartment in front of the modern MMco apartment in Pyeongtaek-dong, to the point of about 14.5 kilometers in the Honam-si, Jeoncheon-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a car owned by the Defendant who did not subscribe to mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

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

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

1. Selection of imprisonment with prison labor chosen;

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had been punished for the same kind of unauthorized driving on several occasions, and the nature of the crime is heavy.

However, it is decided as per the Disposition in consideration of the fact that the defendant reflects the crime of this case, the fact that the defendant is not to drive without a license, and the fact that the defendant has no record of being suspended from the execution due to a unauthorized driving, etc.

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