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(영문) 수원지방법원 평택지원 2018.06.08 2018고단496
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2018 Highest 496] The defendant is a person who drives a car in Bribea.

1. On August 18, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle without a driver’s license on the street front of the new Tri-distance 211 located in Pyeongtaek-si 201, Pyeongtaek-si, fung-si, Seoul, on August 18, 2016

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any automobile on a road, which has not purchased mandatory insurance;

Nevertheless, the Defendant operated the car with the above Ribee that was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

[2018 Highest 717] On November 14, 2016, the Defendant driven B freight cars without a driver’s license from around 11:05 on November 14, 2016 to around 38, 2:00 the same Sin-si Sin-si Sin-si.

Summary of Evidence

[2018 Highest 496]

1. Statement by the defendant in court;

1. Occurrence of a case, arrest report;

1. The driver's license ledger;

1. Mandatory insurance inquiries (2018 high group 717);

1. Statement by the defendant in court;

1. A copy of the operating report without a license;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the same Act (the operation of an automobile which is not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes: Confession, reflectivity, etc.; that there was a history of being punished by a fine several times due to a non-licensed driving or a crime of drinking; and that the court of appeal committed again each of the crimes committed while being discovered as a pending case in the appellate trial judgment (No. 2911, Suwon District Court 201) at present: The defendant's age, family relationship, and the details of the crime: Imprisonment with prison labor for not less than four months.

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