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(영문) 대구지방법원 김천지원 2018.04.11 2016고단863
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On May 7, 2016, the Defendant, at around 08:00, driven a C Non-exclusive car without obtaining a driver’s license from a section of approximately 2 km from the front day of Kimcheon-si to the seat of the same city, Kim Jong-dong.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of C non-Stop car.

The Defendant operated the car without mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of details of revocation disposition);

1. Relevant legal provisions concerning criminal facts;

(a) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

(c) Operation of automobiles which are not mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation;

1. Selection of each sentence of imprisonment;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Even though there is no driver’s license for motor vehicles for the reasons for the sentencing of Article 62-2(1) of the Criminal Act of the Act on the Protection and observation of community service and order to attend lectures, the driver’s license without a license has been continuously driven from around 2001 to the suspension of the execution of imprisonment with prison labor and a fine of four times.

However, in light of the circumstances of the defendant, there was a high possibility that the victim was unable to receive sufficient compensation when the accident occurred.

In addition, he did not appear on the trial date for one year and six months after he appeared on the first trial date of this case.

Considering the above circumstances, the sentence of imprisonment should be imposed on the accused.

However, for the last ten years, there has been no previous convictions, all of the mistakes have been recognized, and there has been no accidents.

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