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(영문) 춘천지방법원 원주지원 2017.09.13 2017고단722
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On February 11, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the original branch of the Chuncheon District Court (a group, deadly weapon, etc.) on September 5, 2015, and the execution of the sentence was completed at the original prison on September 5, 2015 and is currently during the period of repeated crime. On July 24, 2017, the Defendant was sentenced to one year and two months of imprisonment with prison labor for the same court, and the said sentence became final and conclusive on August 1, 2017.

[Criminal facts]

1. On September 23, 2016, the Defendant, around 02:00 on September 23, 2016, driven a car from the emulied village located in the Nowon-si Office in Seoul Special Metropolitan City to the 218-ro Nam-ro 218, Nam-ro, Namin apartment, approximately 5 km, a car from the emulied-ro 201-dong parking lot, which was not covered by mandatory insurance without obtaining a driver’s license.

2. On September 30, 2016, the Defendant: (a) driven a motor vehicle of soflurt with C, which was not covered by mandatory insurance without obtaining a motor vehicle driver’s license, at a section of about 5 km from the Han-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the shooting distance from the same city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

3. The Defendant, on October 17, 2016, driven the Youngjinin apartment parking lot No. 218, 34, Namjin-gu, 10:15, on October 17, 2016, with a vehicle driver’s license from the infinal apartment parking lot No. 218, from the infinal section to the infinite, without obtaining a vehicle driver’s license from the infinal section.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the ledger of driver's licenses and investigation results;

1. Previous convictions: A reply to inquiry about criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and applying Acts and subordinate statutes to the case search (Attachment to judgment);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of driving each without a license), Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance), and the choice of imprisonment, respectively;

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

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