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(영문) 창원지방법원 거창지원 2019.05.01 2019고단59
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 2, 2018, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's branch on May 2, 2018 and the judgment became final and conclusive on May 10, 2018.

【Criminal Facts】

On January 15, 2019, at around 13:50, the Defendant driven an E-Engine car without obtaining a driver's license from around 1.4 km section from the front of the Defendant's house located in Gohap-gun B to the front of the D in C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. An inquiry into the enemy and a license;

1. Investigation report (any attachment of details on mandatory insurance policies);

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (the fact that the sentence of imprisonment is being suspended and the same kind of power is confirmed);

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance, the choice of imprisonment);

1. Of concurrent crimes, the Defendant, on February 16, 2017, driven an observer car without a driver’s license on February 14, 2017 and received a summary order of KRW 1 million on July 8, 2017, driving the said car without a driver’s license and received a summary order of KRW 2 million on September 15, 2017. On December 21, 2017, the Defendant again driven the said car without a driver’s license on December 21, 2017 and committed the instant crime by driving the said car on May 2, 2018.

Furthermore, the instant crime caused a traffic accident that shocks the front and rear parts of the vehicle in front of the signal atmosphere, and the Defendant stated on January 29, 2019 that he scrapped the said vehicle at the time of investigating the police on January 29, 2019, but is again on January 16, 2019.

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