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(영문) 수원지방법원 안양지원 2017.10.31 2017고단1031
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On June 27, 2012, the Defendant driven the instant car without obtaining a driver’s license for the vehicle of so-called “automobile of this case” without obtaining a driver’s license in front of D located in Ansan-si, and without obtaining a driver’s license for the vehicle of this case from this point to November 3, 2015, the Defendant driven the instant vehicle of this case without obtaining a driver’s license for a total of 31 times as shown in the first list of crimes committed in the annexed Table 1.

2. On June 27, 2012, the Defendant violated the Guarantee of Automobile Compensation Act, without purchasing a mandatory motor vehicle insurance policy as seen earlier D in the Gu, and driving the instant motor vehicle, and operating the instant motor vehicle without purchasing a total of 49 times as shown in attached Table 2, supra, from November 3, 2015 to November 3, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiry into the motor vehicle registration ledger;

1. Medical insurance contract, and detailed statement of the ledger in violation of non-insurance operations;

1. The register of driver's licenses, details of revocation of driver's licenses, history of driving without licenses, and search of B case (the Suwon District Court's Ansan Branch 2007 High Court's order 883); and

1. Relevant Article of the Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving point) concerning facts constituting an offense, and the choice of imprisonment with prison labor, respectively; Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act; the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Accident Compensation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Consideration of the fact that the defendant repeatedly drives without a license and did not purchase a mandatory insurance;

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