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(영문) 춘천지방법원 영월지원 2021.01.12 2020고단427
도로교통법위반(무면허운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 17, 2020, the Defendant driving a DNA cargo vehicle at a section of about 3 km from the parking lot in Gangwon-gun, Gangwon-do, to the road near C, without obtaining a driver’s license, from around 08:00.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of DPotering vehicles.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above Poter 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. On-site photographs, the driver's license ledger, the tea inquiry, inquiry into mandatory insurance, and the application of each statute on mandatory insurance;

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 choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment: Imprisonment with labor for a period of one month to one year and six months;

2. Scope of recommending punishment: Non-application of the sentencing criteria.

3. The Defendant, without a driver’s license, driven a vehicle that is not covered by mandatory insurance.

The defendant has been punished several times by a fine due to a crime of violating the same type of driver's license and the Guarantee of Automobile Compensation.

However, taking into account the fact that the defendant shows a reflective appearance by recognizing the crime, the punishment shall be determined as ordered by comprehensively taking into account the defendant's age, sexual conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime.

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