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(영문) 춘천지방법원 강릉지원 2017.06.08 2017고단392
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a B-low vehicle without obtaining a driver’s license for a vehicle from the 20-lane parking lot of 20,000 to the 418-lane 418 (Yyang-dong) of the same city level from the 3-lane apartment parking lot of 20,000,000 to the 418,000,000.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

The Defendant operated the said car that was not covered by mandatory insurance at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed a second offense without being aware of the fact that he had been already subject to four times of punishment due to driving without obtaining a license, and the fact that the Defendant drives a motor vehicle which is not covered by mandatory insurance at this time, etc., the Defendant reflects the mistake, and the fact that the Defendant has no record of punishment exceeding the fine, etc., shall be considered as favorable sentencing factors, and the sentence as set forth in the Disposition shall

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