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(영문) 의정부지방법원 고양지원 2019.01.11 2018고단2583
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 11, 2018, the Defendant was driving a Category B cargo vehicle without obtaining a driver’s license in the section where the distance from the bus termination point in Goyang-gu, Goyang-si to the point near the former CYY YYY and the former CYY YYL at the section where the distance from the bus termination point in Goyang-si, Goyang-si, Goyang-si cannot be known.

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

Nevertheless, the Defendant driven D Ⅱ, which was not covered by automobile mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Registers of driver's licenses;

1. The mandatory insurance bureau and the mandatory insurance information bureau [the defendant alleged that he was unaware of the fact that he was using a motor vehicle from his land and was not aware of the fact that he was not covered by the mandatory insurance. However, according to the evidence duly adopted and examined by the court, the defendant was punished for violating the Guarantee of Automobile Accident Compensation Act by operating a motor vehicle on July 1, 2016 as stated in the facts constituting the crime that was not covered by the mandatory insurance. Thus, it is reasonable to view that the defendant was aware of the fact that the above motor vehicle was not covered by the mandatory insurance at the time of the instant case, and therefore, the defendant'

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant, with the reason of sentencing under Article 62(1) of the Criminal Act, repeats without a license even though his license was revoked due to drinking driving, and has been punished several times for traffic-related crimes including driving without a license.

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