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(영문) 대구지방법원 경주지원 2017.06.08 2017고단47
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

[Criminal record] On May 20, 2016, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (unlicensed driving) in the Daegu District Court racing support on three occasions.

[Criminal facts]

1. On April 21, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B E business motor vehicle without a driver’s license on the road before the front of the central police box in Sung-dong, Sung-dong.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance of motor vehicles;

Nevertheless, the Defendant operated B EM cars not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Registers of driver's licenses, and investigation reports (in cases of attaching vehicle photographs and checking whether to subscribe to mandatory insurance);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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 (a) of the suspended execution (a defendant will drive his/her motor vehicle after obtaining his/her driver's license by pening his/her mistake);

various circumstances, such as the fact that the penalty exceeds the fine, the fact that there is no record of punishment, etc.

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