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(영문) 대전지방법원 서산지원 2016.03.24 2016고단90

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 15, 2015, the Defendant was sentenced to imprisonment for one year with labor for a violation of road traffic law (unlicensed driving) in the Seosan Branch of the Daejeon District Court on April 15, 2015, and was finally sentenced to two years of suspended execution on April 23, 2015, and is currently under suspended execution.

1. On August 18, 2015, the Defendant was driving a CAtop car without obtaining a driver’s license in the section 5km from the front side of the Dong-gu Haak-si, Jin-si, Jin-si, Seoul, to the front side of the Dong-gu, Jin-si, Jin-si, to the same Eup via the 365 Embook located in the same Ri from August 18, 2015.

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 the said car owned by the Defendant at the time and place specified in Paragraph 1 without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment report, such as judgment, etc.);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment for each type of crime;

1. The sentence of imprisonment shall be imposed, in consideration of the circumstances, such as the repetition of crimes during the suspension of execution of 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, which led to the aggravation of concurrent crimes;