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(영문) 대전지방법원 공주지원 2013.09.13 2013고단211
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 17:30 on May 12, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at a section of about 8 km from the Defendant’s residence in Gongju-si B to the entry of the public village in Gongju-si, Gongju-si, without a vehicle driver’s license.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on which mandatory insurance is not subscribed on a road. However, the Defendant driven the C Poter, Poston, and Poston to which no mandatory insurance is subscribed at the same date and at the same place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with labor, 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 on the stay of execution (In consideration of the fact that the person has subscribed to the liability insurance in front and rear, and that there is no record of punishment heavier than that of the suspension of execution

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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