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(영문) 청주지방법원 2016.07.13 2016고단611
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. Around March 13, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on March 15, 2016, at around 15:55, the Defendant driven B string first car at a section of about 300 meters from the Do in front of the agricultural and fishery product market located in the Seo-gu, Seo-gu, Seo-gu without a driver’s license to the 642 front road.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, as the owner of the first passenger car in B, operated the first passenger car as above, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case;

1. License register;

1. Application of Acts and subordinate statutes to inquire into non- mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (Selection of Imprisonment with 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had been punished for multiple crimes, such as unauthorized driving, etc., the Defendant is disadvantageous to the Defendant. The Defendant confessions the instant crime and reflects it, and the fact that he/she has no criminal record of suspended sentence or higher is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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