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(영문) 부산지방법원 동부지원 2019.07.10 2019고단624
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 30, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court’s branch branch branch on November 30, 2018, and the probation period becomes final and conclusive on December 8, 2018.

【Criminal Facts】

1. Around 17:00 on March 13, 2019, the Defendant driven D Poter Cargo Vehicles without obtaining a driver’s license in the front section of the road in front of the Busan Shipping Daegu B, Busan, at approximately 20 meters.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a D Poter freight, operated D Poter freight without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of judgment during the period of suspension of execution of punishment), and application of two copies of judgment;

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, respectively;

1. Of concurrent crimes, the parents of the defendant for reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are old, and their health status is not good, and the defendant has a high school student's child who should support as the most parents' family.

However, the defendant committed the crime of this case without being aware of even though the defendant was under probation, and the defendant was sentenced to a suspended sentence of six months for drinking driving in 2015 and three years for a suspended sentence of one year for drinking driving or driving without a license in 2018 as stated in the judgment in the judgment in the 2018, and was punished several times for drinking driving or driving without a license during that period, and the defendant was sentenced to the final suspended sentence of this case.

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