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(영문) 서울남부지방법원 2018.10.23 2018고단3986
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to six months of imprisonment for a crime of violation of road traffic law at the Seoul Southern District Court on January 25, 2018, and two years of suspended execution, which became final and conclusive on February 2, 2018, and is currently under suspended execution.

[Criminal facts] On May 11, 2018, the Defendant driven a C-wing truck, which was not covered by mandatory insurance without a driver’s license, on the roads near Gangseo-gu Seoul Metropolitan Government, Gangseo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Inquiry into information on non- mandatory insurance policy;

1. The driver's license ledger;

1. Previous conviction in judgment: Inquiry about criminal history and application of the text of the judgment;

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 each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are several times, and the defendant has been sentenced to a suspended sentence of imprisonment due to drinking, as stated in its reasoning, even though he/she was sentenced to a suspended sentence of imprisonment due to drinking, he/she once again drives without a license, taking into account the following factors: the defendant's age, sex behavior, environment, motive and circumstance of the crime, etc.

However, the defendant's wife shall not be bound by the court in consideration of the fact that the defendant's wife is currently in the military service.

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