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(영문) 수원지방법원 2020.05.29 2019고단6144
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 08:50 on July 5, 2019, the Defendant, without a driver’s license, operated B-T truck owned by the Defendant without purchasing a mandatory motor vehicle insurance policy from approximately 30 km to the front road of the 69 km East-dong Highway 124-2, Gocheon-si, East-si, Seocheon-si without a driver’s license.

On September 18, 2019, the Defendant, at around 19:21, 2019, operated B MT cars owned by the Defendant without purchasing a mandatory motor vehicle insurance policy from the Do of Gwangju-si to the front road located in the Gwangjin-gu Seoul Special Metropolitan City without a motor vehicle driver's license, at approximately 30km.

Summary of Evidence

"2019 Highest 6144"

1. Defendant's legal statement;

1. The Mandatory insurance policy, the car checking, and the car driving certificate of the automobile ledger of the driver's license of the automobile ledger of 2019dan7692;

1. Application of the statutes on the legal statement and mandatory insurance of the accused, and the ledger of driver's licenses;

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

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

1. Article 62 (1) of the Criminal Act on probation;

1. On July 5, 2019, the Defendant was found to have been charged with the same crime on September 18, 2019, which was two months after the discovery of the crime of driving without a license or mandatory insurance, on July 5, 2019.

Since 2018, the Defendant did not reflect the fact that he had been punished three times for the same crime, and again committed the instant crime.

However, the defendant recognized the crime of this case and has no record of criminal punishment exceeding the fine.

The age, character and conduct, motive, circumstances, results and circumstances of the defendant, etc.

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