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(영문) 의정부지방법원 2017.01.19 2016고단3503

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) at the Jung-gu District Court on June 25, 2015, and completed the execution of the sentence on October 25, 2015.

On May 13, 2016, the Defendant driven a B truck without obtaining a driver’s license from the Yangju-si-dong to the 3km-dong Seocho-dong-dong-dong, and driving the B truck without obtaining a mandatory insurance policy.

On June 25, 2015, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) at the Jung-gu District Court on June 25, 2015, and completed the execution of the sentence on October 25, 2015.

1. On September 19, 2016, the Defendant was driving B Poter cargo under the influence of alcohol level of about 0.098% without obtaining a driver’s license in the section of about 3 KK meters from the roads near Seo-dong, Yang-dong, Gyeonggi-do, to the front road of the same time, both of which are located at the same time, around 22:44, Sept. 19, 2016.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B Poter freight.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above cargo vehicle that did not purchase mandatory insurance as described in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Inquiry into each mandatory insurance;

1. The license ledger and the driver's license ledger;

1. Previous convictions: Inquiry into criminal history, investigation report (the same case's judgment and attachment report accompanied by a copy of summary order) and application of Acts and subordinate statutes to the personal confinement status;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) regarding facts constituting an offense, Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act (non- mandatory insurance) of the same Act, Articles 148-2(2)3 and 44 of the Road Traffic Act.