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(영문) 수원지방법원 평택지원 2015.07.10 2015고단699
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 13, 2015, the Defendant violated the Road Traffic Act (free license) driving of C Poter truck without obtaining a driver’s license in a section of about 200 km from the front of the Ansan-si Btel road to the front of the Ansan-si road via the central highway of about 244 km.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance, operated the above cargo vehicle which is not covered by mandatory insurance at the time and at the place stipulated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arrest of a violation of the Road Traffic Act;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense (the operation of an automobile not covered by mandatory insurance);

1. Selection of each sentence of imprisonment;

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. The sentencing of Article 62-2 of the Criminal Act requires a strict punishment against the defendant in light of the fact that the defendant had been punished for the same type of unlicensed driving in spite of three times of his/her past records, he/she again leads to a driving without obtaining a license. However, the judgment is rendered as ordered in consideration of the confession and the same mistake, the fact that there was no record of punishment exceeding the fine due to the same kind of mistake, and other various circumstances shown in the records, such as the defendant's age, character and behavior, family

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