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(영문) 대전지방법원 논산지원 2015.07.21 2015고단41
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 21, 2014, at around 18:40, the Defendant driven B cargo vehicles without a driver’s license on the roads under the highway located in the Geum-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Geumnam-do, Geumnam-do.

2. He/she shall not operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the foregoing cargo vehicle on the road, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Application of traffic accident reports, actual survey reports, the ledger of driver's licenses, and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning criminal facts, and Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015) and the main sentence of Article 8 (2)

2. Articles 40 and 50 of the Criminal Act concerning commercial concurrent crimes (Punishments imposed on a person who violates the Guarantee of Automobile Accident Compensation Act with heavier punishment);

3. Selection of sentence of alternative imprisonment;

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

5. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. was sentenced to a fine for a drunk driving in 2001 and 2012. In particular, even though the Defendant was sentenced to a fine two times or more due to drunk driving and driving without a license for driving for one year in 2014, the illegality and the risk of recidivism are not small, such as making an accident involving telegraphs on the side of the opposite side while driving without a license, as stated in its reasoning.

However, the punishment as ordered shall be determined by comprehensively taking into account the facts that the defendant has committed a crime, who has no criminal record of probation or heavier, the defendant's age, character and conduct, and environment, and other various circumstances shown in the arguments in this case.

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