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(영문) 광주지방법원 2017.06.01 2017고단1413
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 23, 2017, the Defendant: (a) driven a vehicle without obtaining a driver’s license on March 17, 2017; (b) driving a vehicle with CKakn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated the said CKan vehicle that was not covered by mandatory insurance at the time, place, and place stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding 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 selection of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that a person driving a vehicle not covered by mandatory insurance without obtaining a license causes an accident by driving the vehicle, and causes an accident. The fact that a person without a license has two times the history of driving the vehicle, and that there are only one history of violating the Guarantee of Compensation for

However, considering the favorable circumstances such as the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 1996, which reflects the Defendant’s crime, the fact that there is no record of crime exceeding the fine yet to exist, etc. In addition, considering the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, all of the sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, etc., the sentence shall be determined as ordered.

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