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(영문) 수원지방법원 평택지원 2017.05.17 2017고단301
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) in red support of the Daejeon District Court on November 8, 2013 and completed the execution of the sentence in Daejeon Prison on October 16, 2014.

[2] Although anyone is prohibited from operating a motor vehicle on a road that is not covered by mandatory insurance, the defendant, without obtaining a driver's license for the motor vehicle, operated a motor vehicle of CSP, which is not covered by mandatory insurance in a section of about 500 meters adjacent to the road located in the same Eup and Myeon, from among the roads located in the same Eup and Myeon, from among the roads located in the same Eup and the 16:20 on February 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Making teas;

1. Inquiry into mandatory insurance;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (reports on the previous convictions in disposition and results confirmation reports, and confirmation reports on the date of release);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Normal circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by aggravation of concurrent crimes: A confession, reflectivity, and the scrapping of the said vehicle: A person who has been punished by imprisonment, suspension of execution, fines, etc. on several occasions for the same kind of crime; the fact that the principal crime during the period of the same repeated crime is committed during the same kind of crime; other matters such as the defendant's age, family relation, and circumstances leading to the crime: A sentence of imprisonment for not less than four months shall be rendered as per Disposition;

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