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(영문) 대구지방법원 2017.12.14 2017고단5580
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on July 13, 2017 by the Daegu District Court for a violation of road traffic law (unlicensed driving), and the judgment became final and conclusive on the 21st of the same month, and is still under the suspended sentence.

[Criminal facts]

1. On August 13, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a C rocketing car at approximately 300 meters away from the street in front of the Gyeong-dong, Daegu North Korean University located in the Gyeong-dong, Daegu-dong without obtaining a driver’s license for a motor vehicle on August 13, 2017 to the street in front of the Gyeong-dong, Gyeong-dong, the same Gu.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, Defendant 1 operated C rocketing car which is not covered by mandatory insurance at the time and place mentioned in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8 (Operation of Vehicles which are not Mandatory Insurance) of the same Act;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are the confessions and reflects against the defendant. However, the defendant has already been punished several times for the same kind of crime, as well as the defendant committed the crime of this case at the Daegu District Court on July 13, 2017 after being sentenced to a suspended sentence of two years for a period of imprisonment for a violation of traffic law (unlicensed driving) at the Daegu District Court on July 13, 2017.

In addition, various arguments of this case are shown in the arguments of this case, such as the defendant's age, health status (brain color, etc.), family, support relationship (e.g., leakage or support of Grade III without delay), motive and circumstance of the crime, and circumstances after the crime.

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