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(영문) 서울북부지방법원 2018.03.29 2017고단1347
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On August 20, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driven a c1 ton cargo vehicle over a section of about 1 km from the front side of the west-dong, Seoul Special Metropolitan City, Nowon-gu to the front side of the west-gun, 992 entrance of the same Gu without obtaining a driver’s license around 18:40 on August 20, 2015.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the above date and place, operated the said cargo truck, which was not covered by mandatory insurance for automobiles.

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. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant criminal facts under Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment with prison labor, respectively;

1. The Defendant, on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, has seven times the career of driving without licenses.

On February 19, 2014, 6 months of imprisonment with prison labor, 2 years of suspended execution, and 40 hours of compliance driving lectures were also taken.

Nevertheless, since the crime of this case was committed during the probation period, it is inevitable to punish the imprisonment.

The punishment shall be determined as per the order, in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the accused.

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