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(영문) 서울남부지방법원 2016.07.14 2016고단2035
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a holder of B D's car.

On April 25, 2016, the Defendant driven a motor vehicle of approximately 500 meters, without a driver’s license on April 25, 2016, the Defendant, which was not covered by mandatory insurance from the front day of the Gangseo-gu Seoul Metropolitan Mu Changdong salt Station to the south end of the 44th Sungsan Musan Station of Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of internal investigation reports, driver's license registers, and mandatory insurance-related Acts and subordinate statutes;

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. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, and Article 50 of the same Act, including refusal to measure drinking and non-licenseed driving, have the history of being punished eight times by non-licenseed driving and refusal to measure drinking, and four times by non-licenseed driving.

The Defendant appears to have purchased the instant vehicle in 2013 and have been actually managed and operated by himself.

In addition, in light of the fact that the defendant continues to drive without a license despite the punishment of a fine or a suspended sentence added to the observation of protection, it seems that the above punishment has no effectiveness of edification or punishment against the defendant, and the defendant has no awareness of the crime against the operation of non-insurance vehicles and non-licensed driving.

Therefore, the defendant will be sentenced to punishment as ordered so that he can be aware of the danger performance of the crime of this case and the illegality of this case.

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