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(영문) 의정부지방법원 2017.03.31 2016고단4347
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 5, 2016, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic law (unlicensed driving) at the District Court of the Jung-gu District on March 5, 2016, and three times of the same force.

[2016 Highest 4347]

1. On September 29, 2016, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a B SP car without the driver’s license from around 1 km to the front road of the “SK Gas station” located in the same Myeon from the front of the “CF station” to the front road of the “SK station” located in the same Myeon.

2. Although the Defendant was prohibited from operating a motor vehicle on the road not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the B SP motor vehicle which was not covered by the mandatory insurance of the motor vehicle at the same time and place as that of the above “1.”

[2016 Highest 5074] On November 2, 2016, under the influence of alcohol of 0.086% during blood without obtaining a driver’s license, the Defendant driven a 300-meter B SP car from the front of the CU convenience store located in the Gyeonggi-si, the GU convenience store in the Gyeonggi-si, the GU convenience store in the Gyeonggi-si, the Republic of Korea, 300 meters from the front of the RU convenience store in the 290-1 region.

Summary of Evidence

[2016 Highest 4347]

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license, the ledger of driver's licenses, and inquiry into mandatory insurance (2016 Height 5074);

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving a vehicle at home, report on the circumstances of driving a vehicle at home, report on the results of regulating the driving of a vehicle at home, and report on the driver’s license register;

1. Reporting the results of confirmation before and after a disposition is not made, and filing records of summary orders (related to driving without a license); Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports, copies of summary orders, and copies of indictments;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (the occupation of driving without a license), Article 148-2(2)3, and Article 44(1) (the occupation of driving under drinking), Article 46(2)2 of the Guarantee of Automobile Compensation for Damages.

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