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(영문) 대구지방법원 김천지원 2019.06.05 2019고단258

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 22, 2019, the Defendant violated the Road Traffic Act (free license) driving of the E4.5t truck without obtaining a driver’s license in approximately 300 meters section from the front side of C in Gumi-si B to D on February 22, 2019.

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

Nevertheless, the Defendant, at the time and place specified in the preceding paragraph, operated the said E-truck without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to carnets and mandatory insurance policies;

1. Article applicable to criminal facts;

(a) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

(b) Non- mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. After having been sentenced to a fine twice due to the reasons for sentencing of alternative sentence of imprisonment without prison labor, three times due to driving without obtaining a license, a person was sentenced to a suspended sentence of imprisonment with prison labor due to driving without a license, and was sentenced to a fine again during the suspended sentence period, but the person was sentenced to a fine.

Nevertheless, the period of suspension of execution re-working without a license, and the mandatory insurance was not purchased.