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(영문) 부산지방법원 2015.09.16 2015고단4326

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 26, 2014, the Defendant was sentenced to two years of suspended sentence for a violation of the Road Traffic Act at the Busan District Court on September 26, 201, and on October 7, 2014, and the judgment became final and conclusive on October 7, 2014, and has the same kind of power more than ten times during the suspended sentence period.

1. Around 15:30 on 21, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, the Defendant driven a vehicle E Sejong-do without obtaining a driver’s license for a section of about 200 meters from the front of the Defendant’s house located in Gangseo-gu Busan Metropolitan City to the front of the D Office located in Gangseo-gu Busan Metropolitan City C.

2. No automobile shall be operated on a road unless a mandatory insurance policy violates the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated the said car without purchasing mandatory insurance on the road at a section of approximately 200 meters at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. Records before and after judgments: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of statutes governing judgment;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act which choose a penalty, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. From among concurrent crimes, in light of the fact that a person was sentenced to suspended sentence for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and committed the instant crime only without being able to do so during the period of the suspended sentence, it is necessary to strictly punish the crime due to very poor nature of the crime.

However, the punishment shall be determined by comprehensively taking into account the motive and background of the instant crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the Defendant.