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(영문) 수원지방법원 여주지원 2016.10.19 2016고단805
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 2, 2015, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving) at the credit branch of Suwon District Court on July 2, 2015. On November 5, 2015, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (Unlicensed Driving) at the same court on November 5, 2015, and on November 18, 2015, the Suwon District Court issued a summary order of KRW 50,000 as a fine for a violation of the Automobile Accident Compensation Act.

【Criminal Facts】

1. Around 17:55 on July 19, 2016, the Defendant driving a vehicle B, without obtaining a driver’s license, at a section of approximately 1.6 km from the front of the South Korean river fluorium 257, to the front of the screen golf course located in the same f3 amamamb.

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

The Defendant operated the said low-speed car that was not covered by automobile mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policy (B)-Control point;

1. Application of Acts and subordinate statutes governing vehicle photographs at enforcement sites;

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 on the suspension of execution (see, e.g., circumstances in which there exists no past record of punishment heavier than a fine for the same criminal act);

1. Social service order under Article 62-2 of the Criminal Act;

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