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(영문) 수원지방법원 여주지원 2019.02.20 2018고단265
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around March 13, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the 5km section from the 5km section to the “S convenience store” located in the Gyeonggi-si R, Gyeonggi-si without a driver’s license on March 13, 2018.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not mandatory insurance, but the Defendant operated the said motor vehicle at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the detection of an offender;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, 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;

1. Of concurrent crimes, the Defendant had the record of having been punished five times for driving without a license, and committed the instant crime during the suspended sentence period, under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed by the crime of violating the Guarantee of Automobile Accident Compensation Act with heavy penalty).

In addition to the previous record of driving without a license, the defendant has a number of criminal records.

In addition, the age, character and conduct, environment, and motive, circumstances, etc. of the criminal defendant's statement shall be determined as per the disposition.

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