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(영문) 광주지방법원 2015.06.25 2015고단962
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On February 13, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) at around 50:50, the Defendant driven a car at CELart at approximately 2 km from the Yongsan ICT located in the Yongsan-dong, Gwangju, Northbuk-gu, to the front road of the Round-dong located in the same Gu Round-dong without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said CEL car owned by the Defendant who did not subscribe to mandatory insurance at the above date and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

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 with prison labor, respectively;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the Defendant, who was sentenced to one year of suspended sentence on June 26, 2014 by the Gwangju District Court, once he was sentenced to one year of suspended sentence due to driving without a license and drinking; and (b) the Defendant, who was driving a motor vehicle not covered by mandatory insurance, should be sentenced to the sentence of the Defendant.

Accordingly, the punishment shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime.

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