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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1030
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. On May 23, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a F string-man car from approximately 2 km section from the front side of the rest area C in the wife-population B to the front side in D without obtaining a driver’s license from around 15:05 on May 23, 2016.

2. The defendant in violation of the Guarantee of Automobile Damage Compensation Act shall not operate a vehicle on the road, in which the person holding the first passenger car in F body, and no one shall operate a vehicle which is not covered by mandatory insurance;

Nevertheless, around 15:05 on May 23, 2016, the Defendant operated a F body-wide car that was not covered by mandatory insurance at approximately 2 km section from the frontway of the rest area C located in the wife B to the frontway in D.

Summary of Evidence

1. Statement by the defendant in court;

1. Police investigation report (report on detection, such as driving without a license);

1. The driver's license ledger;

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

1. Selection of imprisonment with prison labor for the relevant criminal facts, Article 152 subparagraph 1 of the Road Traffic Act and Article 152 of the same Act (non-licensed driving points), Article 43 of the Guarantee of Automobile Compensation Act, and the main sentence 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. It is so decided as per Disposition on the grounds that: (a) the observation of protection and community service order; (b) the reason for sentencing under Article 62-2 of the Criminal Act; and (c) Article 59 of the Act on the Protection, Observation, etc. of Social Service Order (based on the application of sentencing guidelines); (d) four times after June 1, 2006, such as drinking, non-license, etc.; and (d) three times, such as suspension of execution of imprisonment for traffic-related crimes; and

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