beta
(영문) 인천지방법원 2020.09.23 2020고단5880

자동차손해배상보장법위반등

Text

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.

If the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around June 17:20 on June 26, 2020, the Defendant driven BFC125 Oralbs without obtaining a motorcycle driver’s license from a drawing distance in the Michuhol-gu Incheon Metropolitan City drawing Dong to a road located in 252-ro 5, 250 meters away from a drawing shooting distance in the Michuhol-gu Incheon Metropolitan City drawing.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Oral Ba.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant, at the same time and place as the above 1. Paragraph 1., was driving the above Otoba, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the Motor Vehicle Operation Report, the Motor Vehicle Operation Report, the Motor Vehicle Operation License Register, and Mandatory Insurance Association (based on June 26, 2020);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act that selects a punishment, and Article 46 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating mandatory insurance and the choice

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is driving a dial with no license or mandatory insurance since 2016.

As a result of detection, the punishment of a fine has been imposed four times, and recidivism has been committed.

The sentence shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act, including the fact that the crime is recognized, the family members to support are expected not to repeat the crime again to protect the family, and the sentence is to be taken into account in order.