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(영문) 인천지방법원 부천지원 2016.07.22 2016고단1285

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for four 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 30, 2016, the Defendant, at around 18:00, driven a car owned by B without obtaining a driver’s license for a vehicle from around 1km-gu Seoul Special Metropolitan City, Seocheon-si to around 18:10 on the same day from around 351, Seocheon-si, Seocheon-si to around 631, 18:10 on the same day.

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 owned a car as set forth in paragraph 1 and operated the car without mandatory insurance at the date and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Making teas;

1. The driver's license ledger;

1. An inquiry letter into mandatory insurance (i.e., the application of statutes on May 31, 2016);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the same Act;

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. In full view of the factors of sentencing under Article 62(1) of the Criminal Act, such as the following: (a) the Defendant committed the instant crime after having been sentenced to a fine of KRW 6 million due to drinking or non-exclusive driving in 2015; and (b) the favorable factors of sentencing, such as the fact that the Defendant has no record of being sentenced to a suspended sentence or heavier punishment, and the fact that the Defendant has no record of being sentenced to a suspended sentence or heavier punishment, the sentence identical to the order shall be determined.