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(영문) 춘천지방법원 속초지원 2017.01.11 2016고단279
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2016, the Defendant driven an ENEW ENW EF rocketing car without obtaining a driver’s license from the front day of the CU convenience store located in the funeral service Dong at the Seocho-si, from around 3 km to the front day of the same Si building.

"2016 Highest 384"

1. On November 15, 2016, the Defendant driven an ENEW EF rocketing car without obtaining a driver’s license from a distance of about 1 km at a distance of about 1km from the front day of the 366-1st century to the road construction site of the National Research and Training Institute of Korea located on the roads of the same 53-18 roads, such as the Jinsung-gun, Gangwon-gu, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City.

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

Nevertheless, the Defendant operated the ENW E EW EF rocketing car on the date and at the place specified in the preceding paragraph, which was not covered by mandatory insurance.

Summary of Evidence

"2016 Highest 279"

1. Statement by the defendant in court;

1. The driver's license ledger (A);

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

1. Photographs "2016 Highest 384";

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance and certificate of automobile insurance coverage;

1. Application of Acts and subordinate statutes to investigation reports (related to verification of non-deposit insurance coverage);

1. Relevant Article of the Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving) concerning facts constituting an offense, Articles 152 subparag. 2 and 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile 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. Suspension of execution under Article 62 (1) of the Criminal Act (it reflects his/her mistake in depth, and considering the fact that he/she has been punished for the same criminal record for the same kind of offense);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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