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(영문) 울산지방법원 2017.02.09 2016고단3785
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than five 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

On October 22, 2016, the Defendant driven a new wall market in Ulsan-gu, Ulsan-do without obtaining a driver's license on October 10:35, 2016, between the new wall market in the middle-gu, Ulsan-do and the half-gu market in the same half-gu., the Defendant was driving a B-type cargo vehicle which was not covered by the mandatory motor vehicle insurance at a approximately 1km section from the

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (non- mandatory insurance) and the choice 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant, for the reason of sentencing under Article 62(1) of the suspended sentence, was deemed to have been driving without a license for a considerable period of time after the driver's license was revoked due to a drinking driving in 2008, and that there was a history of punishment for driving without license for a considerable period of time, etc. disadvantageously unfavorable: Provided, That the defendant is against the fact that the defendant is not accompanied by other illegal acts such as drinking, etc.,

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