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(영문) 대전지방법원 논산지원 2016.10.07 2015고단110
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

around 14:50 on March 4, 2015, the Defendant driven a D-do motor vehicle without obtaining a driver's license from around 3 km section from the front road in Seosan-si to the front road in Seosan-si, Seosan-si, 1174.

"2016 Highest 385"

1. Around August 21, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the 1km section from the 14rd Dop 32 Dop Dop Dop 14 to the 9-14rd Dop Dop 10 Dop Dop 9-14 Dop Dop np Dop np np np np np np np np.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person possessing a franchise.

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

Nevertheless, the defendant operated the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a report on investigation, arrest of a case, and reporting on the occurrence of a case;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the provisions of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively, with prison labor;

1. From among concurrent crimes, it is inevitable to sentence sentence in that the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act committed a violation of the Road Traffic Act (non-licensed driving) without being among those who were prosecuted for a violation of the Road Traffic Act and committed a violation of the Road Traffic Act (non-licensed driving) again without being among those who committed the same crime.

However, this case's age, character and conduct, environment, criminal record, circumstances after the crime, etc. is against the defendant's wrong.

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