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(영문) 의정부지방법원 2017.08.08 2016고단5083
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal history] On November 13, 2015, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) at the Jung-gu District Court on November 13, 2015, and completed the execution of the sentence on January 8, 2016.

[Criminal facts]

1. On October 27, 2016, the Defendant: (a) driven a vehicle of KRW 500 meters, without obtaining a driver’s license, from around 06:30 to around 188 to around 100 meters away from the 103rd-down road at the Government of the Gyeonggi-si, Gyeonggi-do; and (b) drive a vehicle of KRW 2, 3, 3, without obtaining a driver’s license.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the vehicle of the above salary class III, which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into driver's license, inquiry into a tea, and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and one copy of the personal confinement status;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating automobiles which are not mandatory insurance) and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have reached 10 times before and after the Defendant’s non-licenses. Among them, two times before and after the suspension of execution, and two times before and after the suspension of execution, the previous imprisonment was sentenced due to non-licenses, and repeated operation of the instant non-licenses during the period of repeated offense. Considering that not only the non-licenses but also the violation of the Guarantee of Automobile Compensation Act competes with each other, the choice of fines against the Defendant shall be deemed to be too somewhat somewhat somewhat less than the Defendant’s criminal history and the instant criminal act

However, the vehicle is against the law, and the vehicle in this case.

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