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(영문) 부산지방법원 2016.10.28 2016고단4944
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act;

A. On December 20, 2015, the Defendant, without obtaining a driver’s license on December 20, 2015, operated BM7 car from approximately KRW 500 meters to the front road of “SM7 car” located in the Busan High-dong, Busan High-dong, to the same Do-dong.

B. On March 5, 2016, the Defendant, without obtaining a driver’s license at around 23:15, operated the said SM7 vehicle from the front of the “gamb” road located in 47, the Busan Jin-gu, Busan, to the front of the “gamb,” located in 29, in the same Gu’s document, from around 100 meters to the front of the “gamb,” which is located in 29.

C. On April 29, 2016, the Defendant, without obtaining a driver’s license on April 22 and 25, 2016, driven the said SM7 car at approximately KRW 100 meters from the “slot department store” parking lot located in Busan Jin-gu to the written intersection located in the same Dong.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

The defendant is a holder of BM7 car. A.

The Defendant operated the said SM7 car that was not covered by mandatory insurance at the same time and place as the paragraph (a) of Article 1.

B. The Defendant operated the said SM7 car that was not covered by mandatory insurance at the same time and place as Paragraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current status of each license without permission;

1. Each mandatory insurance policy;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with prison labor for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes, and Article 2-2 of the Decision which is the most severe punishment;

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