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(영문) 의정부지방법원 2018.06.20 2018고단1579
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On March 24, 2018, the Defendant was driving a vehicle B, enclosed, and C without obtaining a driver’s license in the section of about 10km in front of the agricultural cooperative located in Masan-ri, the 15:00 on the roads in front of the agricultural cooperative located in Masan-ri, an additional Sinsan-ri, and the road located in the Eup/Myeon.

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 above cargo vehicle which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act, 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 choice of imprisonment, respectively, with labor;

1. The Defendant had the same record of having been punished several times for the same crime even before the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act. In particular, on June 20, 2017, the Defendant was sentenced to a judgment that suspended the execution of imprisonment.

Although the defendant was subject to amnesty on the crime corresponding to the suspended sentence after the end of 2017, the crime of this case was committed during the period of the original suspended sentence.

On the other hand, the defendant does not have obtained a driver's license once.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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