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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2307

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Justice] On January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. in the Daejeon District Court’s astronomical Branch on January 12, 2017, and completed the execution of the said punishment on October 2, 2017.

【Criminal Facts】

At around 17:30 on July 19, 2019, the Defendant driven a DNA car without obtaining a driver's license from around 5 km section from the front of the Defendant's residence in Asan City B to the front of the C in iasan City, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the volume of car, mandatory insurance, ledger of driver's licenses, inquiry into information on non-insurance operations, and inquiry into information on non-insurance operations;

1. Previous convictions in judgment: Application of criminal records, inquiry reports, investigation reports, and statutes;

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 with prison labor, respectively;

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

1. From among concurrent crimes, the fact that a juvenile protective disposition was issued six times due to driving without a license for the reason of sentencing prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act; the fact that a juvenile protective disposition was issued on one occasion due to driving without a mandatory insurance (2014), two times due to driving without a license (2016, respectively); three times due to driving without a license or mandatory insurance (1, 2016, once 1, 2016, and twice, 2018) is subject to each criminal punishment on three occasions due to driving without a license;