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(영문) 수원지방법원 2016.09.22 2016고단3318
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

"2016 Highest 3318"

1. On June 8, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) on and around 10:05, the Defendant driven a e-mail vehicle owned by the Defendant from around 50km to the front road of the 105 movable studio located in the Gyeonggi-si, Gwangju-si, without a driver’s license, from around 10:05, to the front road at the time of e-mail.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, driving a vehicle B, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

"2016 Highest 4025"

3. Around January 9, 2007, the Defendant violated the Road Traffic Act (unlicensed Driving) driving license did not have obtained the driver’s license until now since the revocation of the driver’s license. On June 20, 2016, the Defendant driven B MT driving from around 10:0 to around 2204, to the front of the 2204 large-scale large-scale distribution road.

4. The Defendant violated the Guarantee of Automobile Compensation for Damages, driving a vehicle B, which was not covered by mandatory insurance, at the time and place specified in paragraph (3).

Summary of Evidence

[2016 Highest 3318]

1. Statement by the defendant in court;

1. Registers of teas, mandatory insurance, and driver's licenses (2016 high group 4025);

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 legal provisions concerning facts constituting an offense, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving points), Article 46 (2) and 2 of the Guarantee of Automobile Damage Compensation Act, main sentence of Article 8, and selection of imprisonment with prison labor;

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the defendant had the same criminal records and six times, and the fact that the defendant committed the instant crime during the period of probation, and continued to drive without a license even after the driving without a license, etc., the defendant is deemed to have no possibility of improving his/her own, and thus, the defendant shall be sentenced to a sentence.

(b).

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