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(영문) 창원지방법원 진주지원 2016.07.13 2016고단513
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compacting) at the Changwon District Court on October 18, 2013, and completed the execution of the sentence on June 25, 2014.

On May 12, 2016, when the Defendant was from the street in front of the land reclaimed in Geum-dong, Seocheon-si around 09:50 on May 12, 2016, the Defendant driven the Bancoon Dok-gun, Inc., Co., Ltd., which was not covered by mandatory insurance without obtaining a driver’s license from approximately 8km section, to the front of the 33rd house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, report on the circumstances of driving without licenses, and inquiry into mandatory insurance (D);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the date of release of the suspect);

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 (in the case of operating a motor vehicle with no mandatory insurance), Article 152 subparagraph 1, Article 43 (in the case of driving a motor vehicle without obtaining a license) of the Road Traffic Act, and selection of imprisonment with prison labor;

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

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 the defendant reflects his own crime. However, in light of the fact that the defendant committed the instant crime during the period of repeated crimes, and that the defendant had the record of being sentenced to a fine twice due to the crime of non-licensed driving or the crime of operating a vehicle with no mandatory insurance during the period of repeated crimes, it is necessary to strictly punish the defendant.

In addition, the punishment shall be determined as ordered by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the age and sex of the defendant.

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