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(영문) 광주지방법원 순천지원 2018.01.12 2017고단1829
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On August 25, 2017, the Defendant: (a) driven a vehicle with Bpool scoping-down vehicle without obtaining a driver’s license from the front side of the mountain village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the mountainous village in the area of the

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of B Poter’s ultra-spath and fato-fato-fato-fash.

The Defendant operated the foregoing cargo vehicle, which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report (violation, etc. of Road Traffic Act);

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Application of the mandatory insurance-related Acts and subordinate statutes to Chapter Nine;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the same Act (the operation of an automobile not covered by mandatory insurance);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation are favorable circumstances, such as recognizing and reflecting the instant crime.

On the other hand, the fact that the defendant had two previous years of driving without a license, and that the defendant operated the cargo vehicle that he decided not to purchase mandatory insurance, resulting in the risk of not being able to properly compensate for the traffic accident.

In addition to these circumstances, the punishment for the prevention of recidivism shall be determined by comprehensively taking into account the following factors: the Defendant’s previous conviction, age, family environment, driving distance without a license, the time interval between the previous conviction and the previous conviction, and the circumstances after the crime.

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