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(영문) 수원지방법원 안산지원 2016.04.26 2016고단838
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence 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 March 11, 2016, the Defendant, without a driver’s license, driven a DNA cargo vehicle at a section of approximately 1.5 km from the front of the high school of the bank that is engaged in a visual behavior at a time of vision without a driver’s license on March 11, 2016 to the front of the road located within the city-to-face of the city-to-road crossing.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the said D Poter freight without mandatory insurance, at the same time and place as the foregoing paragraph (1).

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. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating automobiles which are not 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that although the defendant was punished twice by a fine due to driving without a license, the defendant will not repeat the same crime in the future.

In full view of all the circumstances, such as the defendant's age, occupation, and health status, the fact that the defendant purchased mandatory insurance immediately after the crime of this case, the defendant has not been sentenced to a suspended sentence or heavier punishment until now, and the defendant's age, occupation, and health status, the punishment as ordered shall be determined.

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