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(영문) 광주지방법원장흥지원 2020.12.10 2020고단228

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a holder of a seal-fwing cargo vehicle B.

No owner of a motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance, and no person shall drive any motor vehicle without a driver's license.

Nevertheless, at around 20:04 on July 23, 2020, the Defendant, without a car driver’s license, driven the above string-off cargo vehicle not covered by mandatory insurance from around 3 km to the same military H via the G branch of the F Bank G branch of the F Bank in the same military E, from around 200 to the same military H.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis 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, respectively;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act consisting of the defendant's mistake, the danger of driving without a license and the seriousness of the harm therefrom, and the defendant is sentenced to the suspension of the execution of two years on July 16, 2020 due to the violation of the Road Traffic Act (unlicensed Driving) which is the same kind of crime and the violation of the Guarantee of Automobile Accident Compensation Act, and the violation of the Guarantee of Automobile Accident Compensation Act, it is difficult to see that the defendant has been committed each of the crimes of this case one week after he was sentenced to the suspension of the execution of two years on July 16, 202, and repeated without a license, and it is difficult to see that the defendant has been under the opening of the sentence, and that there is a high risk of recidivism, the defendant's age, character and behavior, environment, motive and background of the crime, the means and consequence of