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(영문) 제주지방법원 2016.12.05 2016고단1781
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) around 14:15, the Defendant driven a Bcode vehicle without obtaining a driver’s license in the section of about 1km from the 1km to the roads near the Seocho-dong from the Do near the Seocho-dong, Seopo-si, Seopo-dong to the 8450-dong, Seopo-do.

2. The Defendant, in violation of the Guarantee of Automobile Accident Compensation Act, is the owner of B Coina, Ltd.

A person is prohibited from operating a motor vehicle that is not covered by mandatory insurance on the road, but the defendant operated a motor vehicle that is not covered by mandatory insurance at the same time as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstances of driving without a license, the register of driver's licenses, the register of car cars and mandatory insurance;

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act (the point of operating automobiles which are not mandatory insurance, the choice of imprisonment);

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

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

Conditions unfavorable to the reasons for sentencing: the previous and nine times (the 4 times of the violation of the Road Traffic Act (Driving without a license), the 3 times of the violation of the Road Traffic Act (Free License) and the 2 times of the violation of the Guarantee of Automobile Accident Compensation Act)

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