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(영문) 수원지방법원 성남지원 2016.11.21 2016고단2614
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four 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 August 23, 2016, the Defendant: (a) driven C Poter freight at a section of about 1 km from the 146 km-dong, Jungwon-gu, Youngwon-gu, Gyeonggi-do, to the roads adjacent to B, without obtaining a driver’s license on August 23, 2016.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle on a road near B as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

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

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. Article 62 (1) of the Criminal Act (i.e., the period of suspension of execution of execution of sentence and the fact that there are no criminal records exceeding the fine for the past fifteen years);

1. Social service order under Article 62-2 of the Criminal Act;

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