logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.08.28 2020고단2216
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

The defendant is a holder of a two-wheeled automobile with no registration of the 247C substitute forest.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

On June 26, 2020, at around 14:30, the Defendant: (a) operated the two-wheeled automobile without obtaining a driver’s license from approximately 2 km section from the Kimhae-si B Apartment-dong parking lot to E located in the same city via E in the same city; and (b) the two-wheeled automobile that was not covered by mandatory insurance without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant Article of the Act on Criminal Facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, Article 152, subparagraph 1 of Article 152, and Article 43 of the Road Traffic 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account all the various circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the instant case.

D. Unlicensed circumstances: The harmful effects of driving without a license-free vehicle, favorable circumstances such as many traffic-related criminal records (three-time driving without license, eight-time driving without license): The fact that the defendant repents and reflects the wrong, the health status of the defendant is not very good, and his dependents, etc.

arrow