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(영문) 수원지방법원 안산지원 2016.10.27 2016고단3120
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 26, 2016, the Defendant was driving the B Trate without obtaining a driver’s license in a section of about 200 meters from the front of the 210 Embridge in the 210-ro 8-ro, the same route from the front of the 210 Embrate, to the 28-ro, the mountain, mountain, and apartment.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, on July 26, 2016, the Defendant operated the B Trar Ra, which was not covered by the mandatory insurance, on the road of the mountain, mountain, mountain, and apartment located in the 28-lane of Sinsi-si, Singu, Singu., 21:35.

Summary of Evidence

1. Defendant's legal statement;

1. A license ledger and a driver's license inquiry report;

1. Mandatory insurance policy;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is eight or more times, and the punishment records for the last one year are also three times, and the last one of them is about the crime committed in the instant case, which is not only controlled and unreasonable.

In addition, when a motor vehicle is operated without mandatory insurance, the victim is unlikely to receive proper treatment.

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