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(영문) 대구지방법원 서부지원 2019.07.24 2018고단3354

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 16:40 on August 15, 2018, the Defendant, without a driver’s license, driven a e-learning car at a section of about five kilometers from the front of Daegu-gu B to the front of D located in Daegu-gu C without a driver’s license.

2. A holder of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant driven the said car without mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to car inquiry, mandatory insurance bureau, ledger of driver's licenses for motor vehicles, and disqualified for the main office;

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 sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on October 12, 2016, was sentenced to imprisonment with prison labor for one year at the Changwon District Court on February 1, 2018 and two years of suspended execution, and the Defendant’s driver’s license was revoked due to the foregoing drunk driving.

On September 19, 2017, the Defendant again committed a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Guarantee of Automobile Accident Compensation Act, which was after the case of drinking, etc., but received a summary order of KRW 4,50,000 from the Western Branch of the Daegu District Court.

Nevertheless, the Defendant again committed the instant crime during the period of suspended execution according to the above suspended sentence and repeated the same crime.

These points are disadvantageous to the defendant.