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(영문) 의정부지방법원 2016.11.10 2016고단2216
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, at around 13:40 on May 27, 2016, the Defendant driving the said cargo without obtaining a driver’s license in the section of about 2 km from 45 meters to the front road of the oil station in the vicinity of the same Eup/Myeon located in 218, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Records of reasons for disqualification, and the ledger of driver's licenses;

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

1. Relevant Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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 in Article 62-2 of the Criminal Act requires strict punishment in light of the fact that the defendant repeatedly operates a vehicle with no mandatory insurance policy in a state of license.

However, the sentencing conditions indicated in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are equally considered and the punishment is determined like the order.

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