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(영문) 광주지방법원 2015.10.15 2015고단3055
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

"2015 Highest 3055"

1. Around 12:13 on July 16, 2015, the Defendant driving a motor vehicle B, i.e., a motor vehicle driver, without a driver’s license, at a approximately 2km section from the front of the high fighting test in the south-gu Gyeong-dong, Gwangju, to the front road of the Southern-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, 393, in the south-gu, Chungcheongnam-do.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by the mandatory insurance of automobiles;

The Defendant operated the said B Ababur XD car without purchasing a mandatory insurance policy at the time and place specified in paragraph (1).

The defendant is a holder of B-A car. The defendant is a holder of B-A car.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

At around 05:18 on April 25, 2014, the Defendant operated the said car 17 times in total, as indicated in the attached list of crimes, including operating the said car at the Naju-dong Gwangju-dong, Gwangju-do.

Summary of Evidence

[2015 Highest 3055]

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies (2015 high-ranking 3416);

1. Defendant's legal statement;

1. Compacting the non-insurance running cars;

1. Application of Acts and subordinate statutes governing compulsory insurance contracts;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor, respectively;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant was driving without obtaining a driver’s license; and (b) the frequency of operating a motor vehicle that is not covered by mandatory insurance is considerably high.

In addition, the defendant was punished for six times due to driving without a license, and the sentence of suspension of execution is also imposed.

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