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(영문) 대구지방법원 2018.02.23 2017고단6566

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on November 24, 2017, and the sentence was finalized on December 2, 2017.

1. On September 12, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a motor vehicle at approximately KRW 116 km section without a driver’s license, from around 14:58, to around 648, the State bond compensation for the Seoul-gu Seoul Metropolitan City from the north-gu Seoul Metropolitan City, Ulsan Metropolitan City, North Korea, to the front road of the Daegu Metropolitan City.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the same time and place as paragraph 1, operated a car with C highest typ, which was not covered by the mandatory insurance of automobile.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions: Inquiries about criminal history, response to criminal history, reporting of investigation (the same type of criminal suspect and attachment of a written judgment), application of Acts and subordinate statutes to report of investigation (the confirmation of judgment among judgment rendered by

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

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, the fact that the accused has a criminal record of a large number of crimes in violation of road traffic laws (unlicensed driving), the accused reflects himself, and the fact that the judgment at the same time has become final and conclusive, and the defendant's age, sex, environment, motive for and circumstances of the crime, etc., shall be determined as per the disposition, taking into account the sentencing conditions shown in the records, such as