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(영문) 의정부지방법원 고양지원 2017.12.06 2017고단2859
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 8, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), extracted from around 1km to around 403 minutes from the third permanent residence road in Kimpo-si, Kimpo-si, Kimpo-si to the road located in the same city north-si, and driven a motor vehicle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a passenger car by obtaining a franchise.

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

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the same Act concerning facts constituting an offense, Articles 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment with prison labor;

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 suspension of execution (see, e.g., Supreme Court Decision 2006Da1348, Apr. 1, 2006)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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