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(영문) 수원지방법원 성남지원 2017.09.08 2017고단904
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for 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 26, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) operated a Bbenz car at a 1km section from the 1km road near the mother station in the 114 in Sungnam-gu, Sungnam-gu to the 118th road along the same Gu road, without obtaining a driver’s license on March 16, 2017.

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

Nevertheless, the Defendant operated the B-Wz car that was not covered by mandatory insurance at the above time and at the above location.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

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

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Contrary to the circumstances favorable to the punishment of the same kind of crime between the preceding one year: Consideration, the fact that there has been no excessive records of fines and other factors such as the age, sex, environment, motive for the crime, circumstances after the crime, etc.;

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