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(영문) 대전지방법원 2017.10.31 2017고단2596
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 May 22, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) on and around 16:20 on May 22, 2017, the Defendant driven two cargo vehicles of CPoter, without obtaining a driver’s license, from the Do in front of the Geumcheon-gun, Chungcheongnam-do to the road front of 261km away from the Do in front of the Simri-ri.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated the above C 2 cargo vehicles, which were not covered by mandatory insurance, at the date, time, place, and place stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into the ledger of driver's licenses;

1. Statement of mandatory insurance inquiries;

1. Application of Acts and subordinate statutes describing the details of enforcement;

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 selection of imprisonment with prison labor;

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. Consideration of the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the risk of operating a sub-insurance expressway, the short term of non-licenseless driving, and the fact that a person has been punished several times due to the operation of a sub-insurance without a license.

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