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(영문) 수원지방법원 안양지원 2017.01.24 2016고단1706
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1706]

1. On September 1, 2016, the Defendant: (a) driven a CM5 car without obtaining a driver’s license from the 2km section of around 2 km from the 11:00 on September 1, 2016, to the road near the 3km-dong at the same time at the same time.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of CM5 car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

[2016 Highest 1818] On October 25, 2016, the Defendant operated CM5 car without mandatory insurance without obtaining a driver’s license in the section of 180 km from the 195-1 Ansan-si to the 20:53 on the same day as the Hanyang-si Arts Park around 20:30 on October 25, 2016.

Summary of Evidence

[2016 Highest 1706]

1. Statement by the defendant in court;

1. Registers of driver's licenses (A), mandatory insurance inquiries (C) - Date and time of detection (2016 high group 1818);

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance and application of Acts and subordinate statutes to the ledger of driver's licenses;

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 Act on the Selection of Punishment, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of vehicles which are not mandatory insurance), and the 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Act on the Order to Provide community service and attend lectures - The defendant's mistake is recognized, and the defendant has no record of punishment more than a suspended sentence - Unfavorable circumstances: The defendant is punished by a fine due to a non-license or drinking driving in 2008 and a non-licensed driving in 2014 and 2016.

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