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(영문) 대구지방법원 2018.03.29 2017고단6975

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 3, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a Maz car at a section of approximately 500 meters from the dial road located in the Seoyang-si, Seoyang-gu, Seoyang-gu, Busan, without obtaining a driver’s license for a motor vehicle on December 21, 2017 to the road located in front of the Geum-gu, Eup/Myeon-ri, the Eup/Myeon located in the same Eup/Myeon.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the said EM car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. License register;

1. Disqualifications;

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 and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, including the fact that the defendant has already been punished for a violation of road traffic laws (unlicensed driving), and other circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following circumstances: