beta
(영문) 제주지방법원 2021.01.14 2020고단2557

도로교통법위반(무면허운전)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 15, 2020, the Defendant driving a D wing-on freight vehicle without the driver’s license from around 1k section from around 16:0 to around 3:00, Seopo-si B, Seopo-si, Seopo-si, B, to the roads adjacent to C in the same city.

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

Nevertheless, the Defendant operated D-wing and freight cars that were not covered by mandatory insurance at the time, time, and place in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes that inquire about the circumstances of driving without a license, report on the circumstances of driving, photographs, driver's license register, and mandatory

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, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable conditions for sentencing) is that the crime of this case is driven by a motor vehicle without a license, which is not covered by mandatory insurance, and the nature of the crime is not easy, and the defendant has been punished for violating the Road Traffic Act (unlicensed driving) several times, and there is a career that the defendant has been punished for violating the Act on Guarantee of Automobile Compensation.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.