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(영문) 부산지방법원 동부지원 2016.12.14 2016고단1679
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On July 20, 2016, the Defendant issued a summary order of a fine of two million won to a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Guarantee of Automobile Accident Compensation Act at the Ulsan District Court on July 20, 2016, and had a record of driving under the influence of alcohol and driving without a license six times.

【Criminal Facts】

1. Around 16:20 on March 16, 2016, the Defendant driven a vehicle B column B without obtaining a driver’s license at a section of about 2 km from the front of the 1st half of the 1st half of the 1st half of the 1st half of the 2nd half of the 2nd half of the 2nd half of the 2nd half of the 2nd half of the 2016.

2. Although the Defendant in violation of the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, he/she driven the above co-owned vehicle on the same date and time as, and at the same place as, the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and report on voluntary driving;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Act (including the fact that a suspended sentence (including the fact that an error is recognized and the fact that an offense is not committed)

1. Probation under Article 62-2 of the Criminal Act;

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