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(영문) 서울남부지방법원 2015.09.24 2015고단3483
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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 August 18, 2015, the Defendant was driving a Ban-do car without obtaining a driver’s license in approximately 500 meters section from the 559-day Man-ro, Gangseo-gu, Seoul to the front road of the Ban-ro 559-ro, Gangseo-gu, Seoul.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car B.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the car on the road which was not covered by mandatory insurance at the date, time, and place under the preceding paragraph.

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. Application of the mandatory insurance policy and the Acts and subordinate statutes of the hostile bureau;

1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and Selection of Imprisonment with prison labor for each type of crime;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he had been under the influence of four times since 2013 due to drinking driving, unlicensed driving, mandatory insurance not to subscribe to the instant crime, etc. However, in light of the fact that the defendant recognized and reflects the crime, the defendant did not have any record of punishment exceeding the fine, the same crime does not have any record of punishment exceeding the fine, and the punishment is determined as ordered in consideration of all the sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime.

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