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(영문) 수원지방법원 평택지원 2017.02.02 2016고단2660
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. Violation of the Traffic Act on roads;

A. On October 7, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle on October 16:40, 2016, driven a new EF rocketing car from approximately 100 meters to the front road of the old-style Do located in the same Eup/Myeon located in the same Do adjacent to the ancient-si galle-Eup.

B. On November 18, 2016, the Defendant driven the said car at approximately 4 km from the Do in front of the Pyeongtaek-si-dong in Pyeongtaek-si to the front road of the 750 km-si, according to the same Do, without obtaining a driver’s license, around 20:5 on November 18, 2016.

2. On November 18, 2016, the Defendant in violation of the Guarantee of Automobile Compensation Act, as a person holding B New EF rocketing car, was prohibited from operating a motor vehicle on the road that was not covered by mandatory insurance. However, on November 18, 2016, the Defendant operated the said motor vehicle without being covered by mandatory insurance from approximately 4 km to the road front of the Gain Haak-si located in Pyeongtaek-si, Pyeongtaek-si, which was located in the same 750 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to investigation reports (as regards the period of insurance not covered);

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Determination on the application of the sentencing criteria under Article 62-2 of the Criminal Act on the observation of protection: It shall not be applicable;

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