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(영문) 수원지방법원 안산지원 2016.08.23 2016고단2037
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 2037] On May 1, 2016, the Defendant, without a vehicle driver’s license, driven a C-Scar car not covered by mandatory insurance from approximately 5 km to the front distance of the Water Resources Corporation from the 25-day, Ansan-si, Seoul-gu, Yan-si, Seoul-ro, Seoul-ro, Seoul-ro, 1-ro, 25-ro, 1-ro, 25-ro, 201.

[2016 Highest 2253] On June 1, 2016, the Defendant driven a C Saturdays car without obtaining a driver’s license from a section of approximately 3.5 km from the front of the 46 Emp Hampo Park, Nowon-gu, Nowon-gu, Seoul to the front road of about 3.5 km of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the ledger of driver's licenses and mandatory insurance-related Acts and subordinate statutes;

1. Relevant provisions of Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (Operation of an automobile not subscribed to mandatory insurance), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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 reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that even though there are many criminal convictions for the defendant, the defendant does not repeat the crime of the same kind by selling the above vehicle recently.

The punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, occupation, family relationship, etc.

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