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(영문) 서울서부지방법원 2016.09.29 2016고단2256
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a real holder of Cenz E350 car.

On May 6, 2016, at around 15:05, the Defendant driven the said car without obtaining a driver’s license from the front of the Defendant’s house located in Mapo-gu Seoul Metropolitan Government D to the front of the Gowon-gun, Seowon-gun, Seocheon-ro, 727, in a section of about 200 km from the front of the Defendant’s house located in Mapo-gu, Seoul, to the front of the 3rd of the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to investigation reports (Inquiry about the history of purchasing mandatory insurance);

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 same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant driving a motor vehicle with no mandatory insurance even though the defendant had been punished for driving without a license three times, and it is necessary to punish the motor vehicle corresponding thereto.

However, in consideration of the fact that the defendant has divided the defendant's mistake, the reason why the vehicle in this case was owned, and other various sentencing conditions as shown in the records and arguments of this case, the punishment as ordered shall be determined.

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