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(영문) 대구지방법원 포항지원 2019.06.05 2019고단498
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant, in a branch court of the Daegu District Court on September 20, 2018, was sentenced to imprisonment for four months as a result of a crime of violating the Fishery Resources Management Act, and was still under suspension of execution for which the said judgment became final and conclusive on December 28, 2018.

【Criminal Facts】

1. Around March 22, 2019, the Defendant: (a) driven an E Car Trak-Engine without obtaining a driver’s license on a section of about 200 meters from the front side of the Southern-gu B apartment parking lot at port to the front side of the Drack Association located in Southern-gu C at port at port; (b) around 14:28, 2019.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as stated in paragraph (1), operated the said cargo vehicle without mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Inquiry into mandatory insurance;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (a summary order of the same criminal suspect's past records and attachment of the judgment in case of suspension of execution);

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 reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant was punished for drunk driving in around 2017 and his/her license was revoked, and the same year has the same record of being punished forless driving in the same year after the license was revoked, and considering the fact that the defendant was sentenced to a suspended sentence for violating the Fishery Resources Management Act as stated in the judgment of the court and has driven a motor vehicle again not bought mandatory insurance without

However, the defendant's mistake is recognized, the fact that there is no force exceeding the fine except for the crime of violating the Fishery Resources Management Act on the stated criminal records, and the age, character and behavior of the defendant.

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