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(영문) 창원지방법원 2017.09.27 2017고단2304
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On April 2, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a B rocketing car without obtaining a driver’s license from the front of the “Korea-Mandong Hospital” located in the south-dong in the Sungsan-si, Changwon-si to the front of the “Mandong Apartment” in the same Gu from around 2km to the road in the same Gu.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

However, the Defendant operated the said B rocketing car owned by the Defendant, which was not covered by mandatory insurance, on the road at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 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. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) include the following: (a) the Defendant’s act of committing each of the instant crimes; (b) the Defendant’s act of committing each of the instant crimes, as well as the circumstances and consequence, including the circumstances after committing the instant crimes, the Defendant’s age, sexual conduct, intelligence, environment, criminal record, etc.; and (c) the conditions for various kinds of sentencing as shown in the arguments and arguments, including the circumstances after committing the instant crimes, the Defendant’s age, sexual conduct

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