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(영문) 의정부지방법원 2018.02.13 2017고단5243
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On May 1, 2015, the Defendant was sentenced to one year and ten months of imprisonment for a violation of the Road Traffic Act (unlicensed driving), etc. at the Changwon District Court’s branch branch, and the parole period was expired on July 30, 2015 while the sentence was executed on August 27, 2015. On December 11, 2017, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (unlicensed driving) at the Seowon District Court’s branch, and the said judgment became final and conclusive on December 19, 2017.

[Criminal facts]

1. On August 14, 2017, the Defendant: (a) driven a C-Scar vehicle without obtaining a driver’s license from around 7 KK minutes from around 105 to around 7 KK minutes from around 14, 2017 to around 18:40, Namyang-dong, Hoyang-dong, Hoyang-dong, Ho-dong 1 complex from around 105 to around 105 at the same time.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, detection photographs, inquiry into mandatory insurance, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating automobiles which are not mandatory insurance) and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons 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 have reached several times before and after the Defendant was sentenced to a fine for non-accidentless vehicles during the same repeated offense period due to a violation of the Road Traffic Act (non-licenseless driving), and in particular, even if the Defendant was sentenced to a fine for non-licenseless vehicles during the same repeated offense period, this Court repeatedly applies to this case.

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