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(영문) 광주지방법원 2014.02.11 2013고단5838
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 19:00 on November 15, 2013, the Defendant, without a driver’s license, driven the Cpoter spoke-down vehicle at a section of about 500 meters, from the front of the parking lot of the “Yelim funeral hall located in the Haak-dong without a driver’s license, to the front of the said road.”

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the Poter truck which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Inquiries into mandatory insurance (C) and application of Acts and subordinate statutes regarding the C mandatory insurance contract;

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, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant driven a vehicle not covered by mandatory insurance with no license, and the defendant repeated the crime of this case within the next short term despite the fact that he had been punished three times due to the crime of driving without license, which is the same kind of crime in the past. However, it seems that the defendant requires strict punishment against the defendant. However, the defendant is divided into and against his mistake, and the defendant has been punished nine times a fine and one suspended sentence, but there is no record of punishment exceeding the fine for the same crime, and there is no record of punishment for the same crime. The motive, means and result of the crime of this case, the circumstances after the crime, the age, character and behavior of the defendant, and the character and behavior of the defendant.

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