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(영문) 수원지방법원 안양지원 2016.09.08 2016고단1311
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 16:25, 2016, the Defendant: (a) driven a B car with no driver’s license at a section of about 300 meters from the 300-meter road to the 41-lane 124-gil, Mayang-si, Mayang-si; (b) around the 186-way road in front of the gambling market, without obtaining a driver’s license.

2. The Defendant in violation of the Automobile Accident Compensation Act is a holder of BKaren Motor Vehicle.

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

Nevertheless, the Defendant operated the said automobile which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violation of the Guarantee of Automobile Accident Compensation Act;

1. Registers of driver's licenses;

1. Each mandatory insurance policy;

1. Application of Acts and subordinate statutes to photographs at the scene of detection;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (with regard to unfavorable circumstances in which the defendant has been punished several times for a violation of the Road Traffic Act, a violation of the Guarantee of Automobile Accident Compensation Act, and a violation of the Guarantee of Automobile Accident Compensation Act, and circumstances favorable to the confession of the defendant are considered);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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