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(영문) 수원지방법원 평택지원 2018.01.12 2016고단1709
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 28, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a freight vehicle in Pyeongtaek-si (hereinafter referred to as “B-be”) within a four-meter radius from the Do on the 13:40 square meters (hereinafter referred to as Pyeongtaek-si) to the front road in the same Eup/Myeon-ri 12-1 Do on the road.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of the cargo vehicle Bribero.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle that is not covered by mandatory insurance on the road, the defendant operated the motor vehicle on the date and time, at the place specified in Paragraph 1, about 4 kilometers of the foregoing cargo vehicle that is not covered by mandatory insurance.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Reporting on the arrest of a case;

1. The driver's license ledger;

1. Inquiry into information on non-performance of mandatory insurance;

1. Application of Acts and subordinate statutes to inquire into medical examination;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated concurrent crimes: The fact that all crimes are recognized in the course of investigation, the fact that there is no record of crime exceeding the fine, etc. that there is no record of crime: A person who has been punished several times for the same crime; the defendant who has no driver's license has a motor vehicle and has repeatedly drive without a license by the motor vehicle: The defendant's age, family relation, and circumstances leading to the crime, etc. shall be sentenced to imprisonment with prison labor for not less than four months; and

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