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(영문) 부산지방법원 2017.10.26 2017고단1909
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On November 15, 2016, the Defendant was driving a two-wheeled vehicle, without obtaining a driver’s license, on a two-wheeled vehicle from the boomed road before Busan Southern-dong to the network unfolded road in Busan-dong, on a level of about 10km to the front road.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the two-wheeled automobile, which was not covered by mandatory insurance, at the same time and place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation reports, photographs, the circumstantial reports on driving without licenses, and the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (the point of driving a license for a two-wheeled motor vehicle), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle with no mandatory insurance), and the choice of imprisonment, respectively;

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. The punishment of a defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, the community service order and the order to attend a lecture, has the record of being sentenced to a fine and imprisonment with prison labor due to a violation of road traffic laws (non-licenseless driving), etc. Meanwhile, after being sentenced to a fine for eight months due to a violation of road traffic laws (non-licenseless driving) in 2012, this court has been sentenced to a violation of road traffic laws (non-licenseless driving), only two times before and after being sentenced to a fine, and all other conditions of sentencing as shown in the trial process, shall be

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