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(영문) 대전지방법원 2020.04.24 2020고단944

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around 13:50 on June 10, 2019, the Defendant driven a cub-down car in the BG 2 km section from the front of the Yangyang-gun BFelel, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-si, Yangyang-si, Yangyang-si, to the roads of 19 Chosan-si, Yangyang-si, without obtaining a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of BG Ecuas car.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said BG car that was not covered by mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Arrest reports on the occurrence of the case, reporting on the status of unlicensed driving, and investigation reports (verification as to whether a suspect's automobile insurance company's guidance for the settlement of insurance accounts

1. Application of Acts and subordinate statutes governing vehicle operation, vehicle driving certificate, and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the circumstances that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are divided in depth into those of the defendant, and that need to consider equity in the case where the defendant was tried together with a pending case in the appellate trial, etc. are recognized as favorable to the defendant.

However, the crime of this case is serious in light of social harm, such as the risk and harm of unauthorized driving, difficulty in remedying victims due to an accident without a license, etc., and driving a vehicle without a license.

In addition, the defendant has committed the same crimes several times.