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(영문) 청주지방법원 2018.04.26 2018고단326
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment by the Cheongju District Court on February 20, 2018 due to a violation of road traffic laws (unlicensed driving), etc., and the judgment became final and conclusive on February 28, 2018, and eight times of the same record.

[2] On January 5, 2018, the Defendant: (a) driven a Cknife vehicle not covered by the automobile mandatory insurance without a driver’s license from around 1km to around 68 km of the Dong-ri Eup in the same city, in front of a restaurant where the trade name in the Dong-ri Eup in Pyeongtaek-si is unknown at around 13:40 on January 5, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous records of judgment: Application of a reply to inquiry, such as criminal records, each investigation report (similar to records of the same criminal records and a copy of the judgment, confirmation of the facts of the judgment of the suspect);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the same Act, as well as other conditions of sentencing specified in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances:

The Defendant committed another crime in the course of committing another crime under criminal trial due to a violation of the Road Traffic Act (unlicensed driving), and the Defendant confessions that he/she has been punished several times due to drinking, driving without a license, etc., and is against the fact that he/she constitutes concurrent crimes by the latter part of Article 37 of the Criminal Act.

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