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(영문) 울산지방법원 2017.02.02 2016고단3561
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than five 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

【2016 Height 3561 【Defendant driven D Poter Cargo Vehicles without obtaining a driver’s license on September 29, 2016 at approximately 300 meters from the front road in the Northern-gu, Ulsan-si, Ulsan-si. B.

【2016 order 4069】

1. On October 13, 2016, the Defendant: (a) driven a DNA cargo vehicle without obtaining a driver’s license within a section of approximately one kilometer from the road near the inspection station of the motor vehicle located in the Southern-dong, Nam-gu, Ulsan-gu, Ulsan-do to the front road of the same night-dong market; (b) on October 13, 2016, the Defendant driven a DNA truck without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, as the owner of the foregoing D D Poter, operated the said D Poter who did not purchase mandatory insurance at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Compensation for Loss of Motor Vehicles and the main sentence of Article 46 (2) 2 of the Guarantee of Compensation for Loss of Motor Vehicles Act (non- 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. The reason for sentencing under Article 62(1) of the Criminal Act for the suspended sentence is that the driver has been punished for driving without a license more than 6 times prior to the instant case, and the defendant has the power to repeat driving without a license, and the defendant has been committed and punished for traffic-related crimes over 14 times without any license, but the driving of a motor vehicle is not subject to mandatory insurance to recover the minimum damage caused by an accident, etc., but is contrary to the circumstances of the defendant, the defendant is driving the motor vehicle without a license.

consideration of any fact described therein

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