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(영문) 춘천지방법원 2020.06.24 2020고단185
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

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1. Around January 24, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driven an Erenic car at the 30km section from the Hancheon-gun Apartment Underground Parking Lot to the Dincheon-gun Hongcheon-gun, Gangwon-do without a driver’s license.

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2. No person who violates the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, at around 12:33 on March 31, 2020, the Defendant, without a mandatory insurance policy, driven a H SV truck at approximately 1.7 km from the Hongcheon-gun Hongcheon-gun FFlllle to the intersection of the same Ga, without a driver’s license.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Defendant's legal statement;

1. Investigation Report - Attachment of CCTV images;

1. The actual condition survey report;

1. The fact of paragraph (2) at the time of marketing the driver's license ledger;

1. Defendant's legal statement;

1. A written statement of I;

1. The actual condition survey report;

1. Registers of driver's licenses (25 pages of investigation records), and inquiries about mandatory insurance (33 pages of investigation records);

1. Application of Acts and subordinate statutes to field medication and photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the provisions of 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, with prison labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders committed each of the crimes in this case where the Defendant committed a traffic accident while driving a vehicle which was not covered by mandatory insurance without a driver's license, while driving a vehicle without being aware of the fact that the Defendant had been sentenced to a suspended sentence of ten months on August 13, 2019 due to a violation of the Road Traffic Act on the grounds of the suspension period.

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