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(영문) 광주지방법원 해남지원 2015.08.27 2015고단219 (1)
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 3, 2014, the Defendant was sentenced to 8 months of imprisonment for the violation of the Road Traffic Act and 2 years of suspension of execution in the Gwangju District Court's branch on September 3, 2014, and the judgment became final and conclusive on September 12, 2014, and is currently under suspension of execution. On September 08, 2015, at around 01:01:10, the Defendant driving a B-rolling stock which was not covered by the mandatory insurance of a motor vehicle at approximately 50 meters from the front day of the restaurant to the front day of the central Si of the Gun of the Do Do Do Do Do Do.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of each of the Acts and subordinate statutes, such as criminal records, inquiry reports, written judgments, etc.;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with more severe punishment);

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are punished once by a fine for drunk driving in 2002, and even if the Defendant was sentenced to a suspended sentence due to drunk driving, etc., he/she driven a vehicle not insured under the influence of alcohol or without a license during the suspended sentence period.

As above, the Defendant, disregarding the warning meaning of the previous punishment, and again committed the same kind of crime, and even considering the family situation of the Defendant, the Defendant is sentenced to a punishment because it is difficult to take the Defendant into account.

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