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(영문) 광주지방법원 2018.12.13 2018고단4194

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal history] On November 16, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Gwangju District Court, and completed the execution of the sentence at the Gwangju District Court on April 17, 2018.

[Criminal facts]

1. On July 26, 2018, the Defendant: (a) driven a DNA cargo vehicle without obtaining a driver’s license from the Defendant’s office near the Defendant’s office in the Southern Geong-gun B to the roads near the C community center; (b) around 700 meters from the 700-meter section to the roads near the C community center.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving the foregoing cargo vehicle, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Written inquiry of mandatory insurance (based on January 1, 2017) and mandatory insurance (based on November 22, 2017);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report [including the crime of this case (including the judgment and case search attached to the case and the case search, and the personal expropriation status] during the period of repeated crime

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of imprisonment, respectively;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant had a total of five times or more times of punishment due to driving without a license since 2004, and among them, the two times of the past experience of having been sentenced to imprisonment due to driving with alcohol, etc., and the driver’s license was revoked due to driving with alcohol in the year 2017. Nevertheless, even though it still holds a vehicle in the name of the Defendant, the mandatory insurance, which is a minimum security for compensating for damage caused by a traffic accident, without obtaining a driver’s license for a repeated crime for more than three months after the completion of the sentence, such as the criminal record stated in the judgment that the Defendant

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