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(영문) 수원지방법원 안산지원 2019.05.30 2019고단124

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a motor vehicle owner who actually operates a MF5 car.

On December 18, 2018, at least 21:30 on December 18, 2018, the Defendant, without obtaining a driver’s license, driven the MF5 car that was not covered by the automobile insurance at a section of approximately one kilometer from the front day of the 2nd-dong community service center in Ansan-si to the front day of the same 1 kilometer for the Y5 car.

Accordingly, the defendant operated a motor vehicle without a license while driving a motor vehicle with no mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the mandatory insurance policy and the ledger of driver's license;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing selective sentencing of a sentence of imprisonment without prison labor is that a person who is not qualified to drive is driving, and the risk of driving is not the same; and

In this case, there was an accident where other vehicles are shocked.

Until now, the defendant has been sentenced to punishment for traffic offense in violation of various traffic regulations while driving without a driver's license even though he has not obtained a driver's license only once.

This is a habitual act that may harm other people, so it is inevitable to punish them strictly.