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(영문) 청주지방법원 영동지원 2016.12.22 2016고단144
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2016 Height144】

1. Around 15:40 on September 21, 2016, the Defendant driven a bppon vehicle without obtaining a driver’s license in a section of about 2 km from the 103rd to the 138rd straight distance from the 138rd-down side of the member-gu in Ansan-si, Ansan-si, Gyeonggi-do.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant, as a holder of a passenger car as set forth in Paragraph 1, operated the said passenger car without mandatory insurance at the time and place.

【No motor vehicle which is not covered by mandatory insurance of 2016 Height 175】 shall be operated on the road.

Nevertheless, the Defendant, as a holder of the mandatory insurance B, operated the said car on August 1, 2016, on the roads of Taeyang-ro, Taecheon-do, Taecheon-do, and on September 10, 2016, the Defendant operated the said car without being covered by the mandatory insurance from Busan 116-9 Fire Safety Tunnels North Korea, according to the fire prevention of Gangseo-gu Seoul, Gangseo-gu.

Summary of Evidence

【2016 Height144】

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance 【2016 high-ranking 175】

1. Defendant's legal statement;

1. Inquiry into non-insurance operations vehicles, and the application of Acts and subordinate statutes governing mandatory insurance contracts;

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;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had had had a record of committing the crime without a license, and had been punished more than six times in total, committed the instant crime again.

However, on the other hand, the instant case also takes place.

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