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(영문) 수원지방법원 안양지원 2016.06.24 2016고단482
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a vehicle BM520 driver.

1. On March 26, 2016, the Defendant: (a) driven a vehicle without a driver’s license in a section of approximately 400 meters away from the shooting distance of the communication unit of the Sincheon-si, Chungcheongnam-si to about 529, as he had known, while driving the vehicle at the section of about 400 meters, without obtaining a driver’s license.

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

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place of Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. License register;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and each choice of imprisonment with prison labor, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act of the Order to Attend Course (unfavorable circumstances) has the history of being punished several times by driving without obtaining a license. [The favorable circumstances] The defendant recognizes all the crimes and reflects the mistake. The defendant scrapped the instant vehicle. There is no previous conviction or heavier than a suspended sentence.

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