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(영문) 춘천지방법원 2016.11.03 2016고단850
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. Around June 20, 2016, the Defendant violated the Road Traffic Act (free license) driving of a car in the Fcoon-do without a driver’s license from a section of approximately 3.5 km from the front of the Defendant’s residence in the Gangwon-do, Gangwon-do, to the front of the road located in the same military DD located in the same military.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car in FCo.

No motor vehicle owner shall operate a motor vehicle with no mandatory insurance.

Nevertheless, the Defendant operated a car in the above column that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. From among concurrent offenders, the following circumstances are acknowledged: (a) the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (b) the Defendant’s mistake is repented and reflects the fact that the Defendant would not repeat the same crime; and (c) the Defendant appears to be in an economic difficult situation.

However, in light of the fact that the defendant was sentenced to seven times punishment due to the violation of the Road Traffic Act in the past, and in particular, on April 23, 2015, at the Chuncheon District Court sentenced the 8-month imprisonment to the 8-month imprisonment due to the violation of the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive on May 1, 2015, and committed the crime of this case without being aware of the fact that the defendant committed the crime of this case in the present period of probation, it is inevitable that the defendant was subject to strict punishment, and in addition, the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc.

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