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(영문) 수원지방법원 안산지원 2016.09.27 2016고단2790
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2016, the Defendant: (a) driven a B 15 km truck without the driver’s license from the front of the half month radius in Ansan-si to the 66th month in the Suwon-si, Suwon-si; (b) from the front of the half month radius in Ansan-si; and (c) from the front of the intersection distance, B 15 km truck without the driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B Poter freight.

The Defendant, at the same time and at the same place, operated the foregoing cargo truck, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the self-violation of an offense;

1. A report on investigation;

1. Application of a copy of the summary order under statutes;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating automobiles which are not mandatory insurance) and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime even though he/she was sentenced to a fine of KRW 5 million for the same crime in 2015 and was sentenced to a fine of KRW 5 million for the same crime.

The defendant has a record of suspending the execution of imprisonment with prison labor (including the observation of protection) and punishing four times of fines, even though the defendant is excluded from drinking driving or refusing to measure drinking.

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