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(영문) 대구지방법원 포항지원 2017.06.22 2016고단1434
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to one year to imprisonment for a violation of road traffic law (unlicensed driving) in the Daegu District Court Port Branch on August 27, 2015, and completed the execution of the said sentence on July 10, 2016.

On July 14, 2016, 2016, the Defendant driven a E-Poter vehicle in the section of about 20 meters from the front side of the main branch of the Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City and the 193-ro, Nam-gu, Seoul Special Metropolitan City on July 14, 2016 without the driver’s license from around 20 meters to the front side of the D-Mat in C.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, on July 14, 2016, the Defendant operated the E-cargo which is not covered by mandatory insurance on the front side of the D Mart located in Southern-gu, Seoul at the port of port around 08:05.

Summary of Evidence

"2016 Highest 1434"

1. Statement by the defendant in court;

1. Investigation report (Attachment to photographs of suspected drivers and resident registration certificates);

1. "Motor vehicle driver's license ledger 2016 high group 1452";

1. Statement by the defendant in court;

1. "Prior convictions in the judgment" of mandatory insurance;

1. Application of the reporting-related Acts and subordinate statutes, such as inquiry circulars, confirmation of repeated crimes, and judgment text;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on the Selection of Punishment (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance, the choice of imprisonment);

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Punishment of Concurrent Crimes, despite the fact that the defendant had been punished several times due to the violation of the Road Traffic Act (unlicensed driving), repeats the driver's license without permission during the period of repeated crimes, taking into account the motive behind the driver's license, the motive behind the defendant's non-exclusive driving, the defendant's age, environment, sexual behavior, and other various sentencing conditions stated in the records of this case, the sentence of sentence against the defendant is deemed inevitable, and it is so ordered as per Disposition.

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