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(영문) 부산지방법원 2017.03.21 2017고단346
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:30 on December 4, 2016, the Defendant driven a B SP-type car without obtaining a driver’s license from around 4 km to the 565-lane of the Geumdong-gu, Busan, the Geumdong-gu, Busan, to the front road of the 565-lane.

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 without purchasing mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Making teas;

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

1. The driver's license ledger;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 152 subparag. 1 of the Road Traffic Act (non-licensed driving point), Article 43 of the Guarantee of Automobile Damage Compensation Act, Articles 46(2)2 and 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Although there was a history of criminal punishment several times due to driving without a license for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances), the crime of this case was committed in addition, in light of the past records of criminal punishment due to the violation of traffic-related laws and regulations, the fact that there is no awareness of compliance with traffic-related laws and regulations, and that there is no record of criminal punishment exceeding fines since February 2001, there is no record of criminal punishment exceeding fines, and the punishment as set forth in the above order shall be determined by comprehensively considering the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime.

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