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(영문) 창원지방법원 2018.01.31 2017고단3036
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[Power of Criminal Records] The On August 18, 2015, the judgment of violation of the Road Traffic Act (unlicensed Driving, etc.): Imprisonment with prison labor for six months and two years of suspended execution: On August 26, 2015, the final and conclusive judgment of August 26, 2015 (2001): A fine for violation of the Road Traffic Act (Unlicensed Driving, etc.) (2002): A violation of the Road Traffic Act (Unlicensed Driving, etc.), etc. (2 million won): Imprisonment with prison labor for a violation of the Road Traffic Act (2009): A violation of the Road Traffic Act (Unlicensed Driving, etc.), etc. (200 million won): A fine for violation of the Road Traffic Act (200,000 won) in October 10: a fine for a violation of the Road Traffic Act (Unlicensed Driving, etc.).

1. On August 7, 2017, Defendant 1, without a driver’s license, driven a C Spo-type car at a section of about 2 km from the parking lot “Spo-dong located in the Southern-gu New-dong, Ulsan-gu, Ulsan-si, Seoul-si, to the “Industrial tower Rota-ri” road located in the same Dong from the “Spo-dong” parking lot.

2. The defendant in violation of the Guarantee of Automobile Compensation for Damages shall not operate a motor vehicle on the road, if he/she owns the motor vehicle in the above C SPP, and a motor vehicle not covered by mandatory insurance.

Nevertheless, the defendant operated the car without mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on the Selection of Punishment, Article 46 (2) 2, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act, and Imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, and the sentence of Article 50 of the same Act, shall be changed to the former sentence of imprisonment for one year: The punishment of imprisonment for a year: The grounds for aggravating the period of imprisonment for eight months: A confession and a family member, etc.;

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