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(영문) 청주지방법원 제천지원 2014.09.25 2014고단334

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Young-gu Branch of the Chuncheon District Court on July 22, 201, and completed the execution of the sentence on December 19, 201.

1. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, at around 17:50 on March 27, 2014, the Defendant operated CSS5 car owned by the Defendant, which was not covered by mandatory insurance from around 1km to the front road of the Africa-dong located in the same city-Si, Africa-dong.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the said C NewM5 car at the date, time, and place without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses and mandatory insurance;

1. Previous convictions as stated in the judgment: Inquiry report-criminal history, investigation report (verification of the details of criminal punishment after the judgment in the period of repeated crime) , each of the judgment (Ycheon District Court's monthly branch court 201No140, Chuncheon District Court 201No601), application of Acts and subordinate statutes concerning personal identification and accommodation;

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

1. Article 35 of the Criminal Act among repeated crimes;

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 among concurrent crimes, even though the defendant had been punished twice for driving without a license and twice for drinking (one time for violation of the Guarantee of Automobile Accident Compensation Act shall also be punished for violation of the Guarantee of Automobile Accident Compensation Act), it is very high that the defendant committed the same crime during the repeated offense period due to fraud.

Furthermore, the defendant was punished three times for committing the same crime as a repeated crime during the period of repeated crime.