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(영문) 부산지방법원 동부지원 2018.12.12 2018고단2149
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On December 14, 2016, the Defendant was sentenced to ten months of imprisonment by the Busan District Court for interference with the execution of official duties, etc., and completed the execution of the above sentence in Busan Correctional Institution on October 19, 2017.

[Criminal facts]

1. On September 11, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D-W-man car without a driver’s license from the front of the C bank located in Busan Dong-gu, Busan to the written intersection located in 730 as the center of the Busan Jin-gu, Busan.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the first car without mandatory insurance, such as paragraph 1, at the same time and at the same place as in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Inquiry into mandatory insurance, and making a tea entry into the ship;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the period of repeated crime);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of imprisonment, respectively;

1. The Defendant, on the grounds of 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, has terminated the execution of imprisonment for ten months due to interference with the performance of official duties and the crime of violating the Road Traffic Act (unlicensed driving), etc., and again committed the instant crime during the period of repeated crime. Furthermore, the instant crime is determined as follows: (a) the instant crime was committed in the course of a trial on other unlicensed driving crimes [this Court Decision 582, 1324 (Merger), 1324 (Merger), 2018, 2018, 4193 (Merger), which was appealed by the Defendant after the sentence was rendered on November 7, 2018, and the appellate court is going against the Busan District Court Decision 2018No4193).

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