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(영문) 춘천지방법원 원주지원 2015.10.20 2015고단717
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 16:20 on July 13, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a Btech without obtaining a driver’s license from approximately 4 km section to the place of departure through the ridge car located in the same Si/Gu from the 1193-4 p.m. in Dobong-gu, Young-si, 1193-4.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a passenger car in B test.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant driven the said vehicle that was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. An inquiry into the enemy (B);

1. The ledger of driver's licenses;

1. Application of the Acts and subordinate statutes of each mandatory insurance policy;

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 (operation of Non-Insurance Vehicles), and the choice of imprisonment with prison labor;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the Defendant had been punished five times due to an act of driving without a license, again driving without a license, and at the time, the vehicle was not covered by mandatory insurance.

However, it is against the mistake.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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