자동차손해배상보장법위반등
A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
The defendant is a driver of engine B bicycle (124.6c).
1. On August 30, 2020, the Defendant: (a) driven the bicycle 500 meters of the bicycle without a motor device license for the bicycle from the front of the C apartment at the Namyang-si, Gyeonggi-do, to the front of the D, by around August 14:15, 202.
2. No person who holds a motor vehicle in violation of the Guarantee of Automobile Compensation for Loss shall operate any motor vehicle on a road on which no mandatory insurance policy is subscribed;
Nevertheless, the defendant operated the motor bicycle that is not covered by mandatory insurance at the same time and place.
Summary of Evidence
1. The application of Acts and subordinate statutes on voluntary accompanying reporting to inquire into the ledger of statutory statements and driver's license of the accused;
1. Relevant Article of the Act concerning the facts constituting an offense, Articles 154 and 43 subparagraph 2 of the Road Traffic Act (the occupation of driving without a license and fine), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating a vehicle with no mandatory insurance, the punishment by imprisonment);
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is subject to continuous punishment for driving without a license since 2018, and even if there were two times the history of punishment for non-licenseless driving and violation of the Guarantee of Automobile Damage Compensation Act, the punishment is determined as ordered by taking into account the following factors: driving distance and place, driving distance, the Defendant’s age, sex and environment, the motive, means and consequence of the crime, and the circumstances after the crime, etc.