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(영문) 수원지방법원 2019.09.06 2019고단232
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around January 14, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road in the Suwon-si hand-on operation of Suwon-si at KRW 1.5 km, without obtaining a driver’s license, from a section of approximately KRW 1.5 km from the road in the Dong-gu, Suwon-si to the front road in the same Young-gu.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of CF rocketing motor vehicles.

No one shall operate a motor vehicle on the road, which is not covered by mandatory insurance, on the date and time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of the statutes on the register of driver's licenses;

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 with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant whose driver's license was revoked on October 27, 2008 without a license for a motor vehicle that was not covered by mandatory insurance, and the nature of the crime is not weak.

The Defendant, without complying with the stop order of the police officer, drive the police officer in a scam and escaped about 1.5km, was arrested by the police officer's tendency, and the Defendant was punished four times by a fine due to driving without a license, etc. (in 2018, the Defendant was punished as a violation of the Guarantee of Automobile Accident Compensation Act along with without a license).

However, it is against the fact that the defendant is recognized as committing the crime of this case and living under custody for one month, and the defendant is still under suspended execution.

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