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(영문) 의정부지방법원 2013.05.31 2013고단755
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 4, 2013, around 10:35, the Defendant driven a DPoter II wing Franchising vehicle without obtaining a driver’s license in a section of approximately 1 km prior to the Public Security Center of the Jinju Police Station in the direction of the 94 Jinju Police Station in lieu of the Jinju-si on the roads adjacent to Jinju-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act without purchasing mandatory insurance at the same time and place as the preceding paragraph, and operated the same vehicle as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution shall be postponed only once, taking into consideration the circumstances unfavorable to a person who has not subscribed to mandatory insurance even though he/she was able to have the previous and traffic accident history, and the fact that the person is old and the person is not good in health, such as being operated by a string to a string on April 3, 2013, and the probation shall be added);

1. Probation under Article 62-2 of the Criminal Act;

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