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(영문) 대구지방법원 영덕지원 2019.07.17 2019고단58
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. Around 13:30 on April 5, 2019, the Defendant driving a motor vehicle at a level of about 300 meters from the front side of the C in Thai City B to the front side of the E-school located in Thai City D in Thai City, without obtaining a driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance provided for in the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant was driving a motor vehicle which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

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 sentence, and Article 46 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the probation and the order to attend lectures shall be faithfully observed.

On the other hand, even though the defendant was sentenced to the suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the violation of the Road Traffic Act in 2017 and was sentenced to the fine for the violation of the Road Traffic Act (Unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act in the same year, he was again sentenced to about two years.

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