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(영문) 춘천지방법원 2019.09.05 2019고단513
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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. On May 19, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license on or around 09:40 on May 19, 2019, driving approximately KRW 2.6 km from the front side of the Hancheon-gun B apartment to the front side of the “D” in C, a freight vehicle owned by the Defendant E-W.

2. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

The Defendant, at the same time and place as referred to in the preceding paragraph, operated E-mail truck, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the register of driver's licenses, car checking, and mandatory insurance;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 is disadvantageous to the defendant, even though he was punished by a fine not exceeding three times due to drunk driving, he was engaged in driving without obtaining a license, and operated a motor vehicle without mandatory insurance even without purchasing a mandatory insurance.

However, the fact that the defendant shows the attitude that the defendant recognized his criminal act and reflected, the fact that there is no criminal history that is sentenced to imprisonment or more severe punishment due to drinking or unlicensed driving, and there is no additional damage to others are favorable to the defendant.

In addition, the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc. of the defendant are all the conditions of the punishment shown in the argument in this case.

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