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(영문) 수원지방법원 성남지원 2017.11.22 2017고단1867
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 19:10 on May 16, 2017, the Defendant was driving a B-learning car without obtaining a driver’s license from a section of about 1km from the area near the Seocho-gu, Seocho-gu, Seoul Metropolitan City (U.S.) to the 4 Sinnam-si, the Sinnam-si, the Sinnam-si, and the Sinnam-si, the Sinnam-si.

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;

On May 16, 2017, around 19:10 on May 16, 2017, the Defendant operated the B-learning car that was not covered by mandatory insurance from the vicinity of the Seocho-gu, Seocho-gu, Seoul Metropolitan City, to the 4:00 Sinnam-si, the Sinnam-si, the Sinnam-si, Sin

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witness to C;

1. Report on the circumstances of driving without a license;

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

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2 and the main sentence of Article 46 (8) of the Guarantee of Automobile Damage Compensation Act (the point of operating a motor vehicle which is not 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture has the history of being punished by a fine for the crime, such as having operated the instant vehicle without mandatory insurance even in 2016. However, the crime of violating the Road Traffic Act (non-licenseless Driving) is not only the history of fines in 2005, but also the fact that the Defendant commits a violation of the Road Traffic Act (non-licenseless Driving), and that there is no criminal history exceeding the fine, etc., the sentence is determined as ordered by taking account of all the conditions of sentencing

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