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(영문) 춘천지방법원 강릉지원 2016.05.26 2016고단365
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall operate a motor vehicle on the road which is not covered by mandatory insurance, and each motor vehicle B owned by the defendant is a motor vehicle which is not covered by mandatory insurance.

1. On October 9, 2014, the Defendant: (a) driven a bpon vehicle without obtaining a driver’s license from around 1.8 km section from around 08:45 on October 3, 2014 to around 1.8 km at the same time from the front of the dwelling of the Defendant C to the front of the cement cement and the front of the East Sea at the same time; and (b) drive the bpon vehicle without obtaining a driver’s license.

2. On November 9, 2014, the Defendant driven the said vehicle without obtaining a driver’s license from around 05:01, around November 9, 201, to the road in front of the residence of the said Defendant at the Dong-dong in the East Sea, which is around 9.9km from the road in front of the said Defendant’s dwelling to the dong-dong in the East Sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about non-insurance operations vehicles, and inquiries about mandatory insurance contracts;

1. Application of Acts and subordinate statutes on reply to whether driving licenses are acquired;

1. Selection of imprisonment with prison labor for the relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving points) concerning the facts constituting an offense, and the selection of imprisonment with prison labor for each of Articles 46(2)2 and 8 of the Guarantee of Automobile Damage Compensation Act (the operation of non- mandatory insurance vehicles);

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 (i.e., the crime is committed and the act of scrapping the instant vehicle, etc. is considered);

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