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(영문) 광주지방법원 목포지원 2017.07.13 2016고단1691
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1691] On May 17, 2016, the Defendant driven a Bchier XG car without obtaining a driver’s license from approximately 6 km section to the front road of the 1486km in the Dong-dong located in the Dong-dong of the same city from the 19:00-si, Pyeongtaek-si, Dong-si, Dong-si, Dong-si to the 1486-dong in the same city.

[2017 Height 514] No owner of a motor vehicle shall operate a motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, on May 9, 2016, the Defendant operated Bran XG car that was not mandatory insurance on the front of the bus stops located in the Seo-gu Daejeon Metropolitan City, Seo-gu, Daejeon.

Summary of Evidence

[2016 Highest 1691]

1. Statement by the defendant in court;

1. Registers of driver's licenses and inquiries about respective mandatory insurance (2017 high group 514);

1. Statement by the defendant in court;

1. Inquiry into non-insurance operations vehicles, inquiry into history of mandatory insurance contracts, and application of statutes on details of violations of vehicles subject to inquiry;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on the Selection of Punishment (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance, and the choice of imprisonment);

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, on the grounds of sentencing under Article 62-2 of the Criminal Act, was driving without a mandatory insurance without a license, even though he/she had a record of criminal punishment on three occasions due to a licenseless driving.

However, the Defendant subscribed to mandatory insurance immediately after committing the instant crime, and led to confession and reflect on the instant crime.

In addition, the punishment shall be determined as ordered by taking into account all other reasons for sentencing shown in the records.

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