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(영문) 전주지방법원 2019.06.28 2019고단103
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 20, 2018, the Defendant was sentenced to imprisonment with prison labor for 8 months in the Jeonju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was confirmed on February 28, 2018 and is still under probation.

On January 6, 2019, around 14:15, the Defendant driven a Down-hand car that was not covered by mandatory insurance without obtaining a driver's license from around 3 km section from the front road of the Manan-gu, Manyang-si to the front road of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the situation of operation without a license, report on the situation of operation, and statement of vehicle operation;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification during the period of suspension of execution of sentence), application of statutes concerning judgment;

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each type of crime;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the Defendant was punished by a fine for drunk driving in 2003. On February 20, 2018, the Defendant is likely to repeat the crime, in light of the following: (a) the Defendant was sentenced to imprisonment for eight months on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the same crime on February 28, 2018; (b) the suspended sentence for two years on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the same crime on February 28, 2018; (c)

As such, it is inevitable to punish the defendant significantly.

However, it is ordered that the defendant will not repeat the crime, the traffic accident has not occurred, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc. are considered as a whole.

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