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(영문) 청주지방법원 2018.06.21 2017고단2034
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. Violation of the Automobile Damage Compensation Act;

A. Although a vehicle not covered by mandatory insurance is prohibited from being operated on a road, the Defendant, as a holder of the last passenger vehicle C, operated the said vehicle without mandatory insurance on the front road from among the South Cheongju, which is located in the Heungdong-gu, Seodongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, on November 7, 2012.

B. Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the Defendant owned a DNA car and operated the said motor vehicle not covered by mandatory insurance on May 20, 2015 from the front road of the Chang Industrial Complex located in the Eup/Myeon, Cheongju-si, Cheongju-si to the front road of the area of the Chang Industrial Complex to the front road of the resting area of the Middle Highway (Seoul Metropolitan Area).

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a D Car without a driver’s license in the date and section set forth in Section 1(b).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, inquiries about mandatory insurance, and inquiries about non-insurance operating vehicles;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (non-licensed driving point), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, 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 elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend a lecture, and the order to attend a community service order: The attitude of warning the legal order by driving a vehicle without a license, even though there are many kinds of past records, such as having been fined eight times due to driving without a license, is shown. The location at the prosecution stage after the investigation is unclear, and thus it is not present at the trial.

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