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(영문) 의정부지방법원 고양지원 2013.05.03 2013고단383

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On March 15, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Western District Court on April 4, 201, and was punished for driving without a license. On January 30, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Goyang Branch Branch of the Jung-gu District Court on January 30, 2013.

2.7 The above judgment became final and conclusive.

【Criminal Facts】

1. Around November 12:29, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) and the Defendant driven the Crocon vehicle by approximately KRW 160 meters without obtaining a driver’s license in the vicinity of the intersection in Jongno-gu Seoul, Jongno-gu, Seoul.

2. Although a person violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a vehicle that is not covered by mandatory insurance, the Defendant operated Crops vehicles that are not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. Registers of driver's licenses and mandatory insurance;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to separate judgments);

1. Relevant laws concerning criminal facts: Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment (including the fact that there exists any past record of criminal punishment four times for driving without a license)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Article 62(1)) of the Criminal Act (Article 62(1) of the Act on the Punishment of Violences, etc. (Article 62(1) of the Act on the Punishment of Violences, etc. (Article