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(영문) 광주지방법원 2015.09.17 2015고단2027
자동차손해배상보장법위반등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[Criminal Power] On July 16, 2015, the Defendant was sentenced to two years of suspension of the execution on July 24, 2015 by imprisonment with prison labor for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free License) at the Gwangju District Court, and the judgment became final and conclusive on July 24, 2015.

【Criminal Facts】

On April 5, 2015, the Defendant, without obtaining a driver’s license on April 15, 2015, driven a BAcar car not covered by mandatory insurance from approximately 20 km away from the nearest road of the Yeongdeungpo-gu, Gwangju Metropolitan City, to the front road of the Yasan-gun, Yasan-gun, Yasan-gun, Yasan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of unregistered driving, the register of driver's licenses, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry into consolidated cases, and application of statutes governing judgment;

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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of all the conditions of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime.

Unfavorable circumstances: The crime of this case was committed without attendance at the trial date even though it was prosecuted by the Gwangju District Court 2014Kadan1106 due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Unlicensed Driving).

The favorable circumstances: there is no record of being punished for the same crime before the crime of this case or of being punished for suspension of execution or more.

Equity in cases where a judgment is rendered concurrently with a crime of violation of the Road Traffic Act (driving) for which a judgment has become final and conclusive;

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