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(영문) 수원지방법원 2016.11.11 2016고단3363
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. "2016 Highest 363";

A. On May 26, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Do SM520 vehicle without a driver’s license in the section of approximately 200 meters from May 26, 2016 to the front road of the 882 “boomed booming boom-dong, Suwon-gu, Suwon-gu, Suwon-si, Chowon-dong, Seowon-dong, Seowon-dong, Seowon-dong, and the front road.

(b) No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a DSS520 automobile, which was not covered by mandatory insurance, at the time and place mentioned in the above paragraph (a).

2. The Defendant of the 2016 Highest 4959 is a holder of a DSS520 vehicle.

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

Nevertheless, on June 15, 2016, the Defendant lent the foregoing motor vehicle to E, which was not covered by mandatory insurance, and had E drive the motor vehicle on the road front of the 1128 Seoul Special Metropolitan City, Suwon-si, Seoul Special Metropolitan City, around 17:15, June 15, 2016.

Accordingly, the defendant operated a motor vehicle on a road which is not covered by mandatory insurance.

Summary of Evidence

【Fact 1, 2016 Highest 363】

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies (the fact that they were sold at the time of sale, 2016 high group 4959);

1. Defendant's legal statement;

1. E statements;

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

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, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended execution is recognized to be erroneous in Article 62(1) of the Criminal Code and is in excess of fines, such as disposal of vehicles, etc.

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