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(영문) 광주지방법원 2017.07.25 2017고단2110

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around April 27, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road without a driver’s license on April 27, 2017, the Defendant driven a car owned by himself/herself at approximately KRW 500 meters from the front of the Do in the Do in the Do in the Do in the Do in the Do in the Northern-dong, Chungcheongnam-gu, Gwangju to the front day of the Do in the same way

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

Nevertheless, the Defendant driven the said vehicle that was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. License register;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable Conditions: The Defendant was punished several times due to driving without a license before, and the Defendant was sentenced by the Gwangju District Court on March 3, 2016 to imprisonment for a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act (unlicensed driving), and a violation of the Guarantee of Automobile Compensation Act on August 11, 2016, and again committed the instant crime without being aware of the fact that the judgment became final and conclusive on August 11, 201 and is still during the

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.