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(영문) 수원지방법원 평택지원 2016.08.31 2016고단1019
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

1. Violation of the Traffic Act on roads;

A. On May 23, 2016, around 13:50 on May 23, 2016, the Defendant driven a motor vehicle from the front of the construction site of the construction site of the Gyeonggi-do Pyeongtaek-si Skid-si, Gyeonggi-do, to the road of approximately 5 km-do D-do D-Wn-Wn-do, without obtaining a motor vehicle driver’s license.

B. On June 1, 2016, around 17:25, the Defendant driven a vehicle of about 7 km XD without obtaining a driver’s license from around the front of the construction site of the construction site of the Gyeonggi-do Pyeongtaek-si Skid-si, Gyeonggi-do, to the front road of the Dong-dong Ydong apartment.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who owns a passenger car from BAWn XD.

No owner of a motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

A. The Defendant operated the pertinent car that was not covered by mandatory insurance at the time and place of Paragraph 1(a).

B. The Defendant operated the pertinent passenger car that was not covered by mandatory insurance at the time, time, and place of Paragraph 1(b).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report by each police (report on the situation of driving without a license);

1. The driver's license ledger;

1. Original Register of Automobile Registration;

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

1. Selection of imprisonment with prison labor for the relevant legal provisions and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving points) concerning the facts constituting an offense, each of the choice of punishment, as well as the selection of imprisonment with prison labor for each of the items of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation;

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 observation of protection and community service order, the reasons for sentencing under Article 62-2 of the Criminal Code, Article 59 of the Act on the Protection, Observation, etc. (Judgment on the application of sentencing guidelines) - In addition to the two punishment records due to drinking driving, fines are imposed once by driving without a license for the year 2016 and the same offense as this case.

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