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(영문) 수원지방법원 평택지원 2017.01.25 2016고단2447
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Guarantee of Automobile Damage Compensation;

A. A. On November 1, 2016, the Defendant is a holder of B X-ray car.

No person shall operate any motor vehicle on a road, which has not been covered by mandatory insurance.

Nevertheless, on November 1, 2016, the Defendant lent the above X-ray car to C, which was not covered by mandatory insurance, and had C, around November 1, 2016, run the said car without mandatory insurance from the 1st century to the 20-3 km-ro cU convenience store of Pyeongtaek-si.

B. On November 7, 2016, the Defendant, at around 20:00, operated the said car without mandatory insurance at approximately 6 km section from November 7, 2016, to the front day of the studio in the movement for Pyeongtaek-si at around 20:00 to the front day of the 223-21, as between South and North Korea, while in Pyeongtaek-si, Pyeongtaek-si, and the front day of the 223-21, as between South and North Korea.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said car without obtaining a driver’s license at the time and place specified in Paragraph 1(b).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police investigation report;

1. The ledger of driver's licenses of each motor vehicle;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation for which the penalty is selected, the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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