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(영문) 수원지방법원 평택지원 2018.05.11 2017고단330

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Guarantee of Automobile Compensation for Damages, is the owner of a cargo-to-face.

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

Nevertheless, on November 2, 2016, the Defendant operated the foregoing vehicle that was not covered by mandatory insurance from the frontway to the frontway of the F Company, which was located in Pyeongtaek-si C around 11:15, and located in the same city E from the frontway to the front of the F Company.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving of the B bit Track-road without obtaining a driver’s license at the time and place indicated in the preceding paragraph.

Summary of Evidence

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

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Making teas;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 46 (2) 2 of the Act on the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (Conduct of Operation of Motor Vehicles without Mandatory Insurance) concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Normal circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated concurrent crimes: The confession of all crimes by an investigative agency, the fact that there is no record of crime exceeding a fine, and other unfavorable circumstances: The fact that there is a record of punishment of a fine several times due to the crime of drinking driving or the crime of non-licensed driving, and that there is a high possibility of criticism for the original crime itself: The defendant's age, family relation, and details of the crime, etc. shall be sentenced to a judgment as per the disposition for not less than six months;