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(영문) 창원지방법원 진주지원 2016.05.18 2016고단110

도로교통법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On November 23, 2015, the Defendant, without a driver’s license, driven a C Poter vehicle from the front of the B apartment in Scheon-si to the front of the private airport located in the same Si/Scheon-si without a driver’s license on November 23, 2015.

2. The Defendant violated the Road Traffic Act: (a) while parking the freight vehicles specified in paragraph (1) above at the 105 parking lot of the 105-Si, Sacheon-si; (b) had been parked at the 105-dong-si, Sacheon-si; and (c) had been parked there by negligence due to the Defendant’s failure to conduct the next week; and (d) had the front part of the E-car owned by the victim D (30-S) which was parked at the 30-si, Sacheon-si, Sacheon-si; and (c) damaged the Defendant

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving an above cargo vehicle, which was not covered by mandatory insurance, at the time and place mentioned in paragraph (1) above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on a traffic accident, inspection report on actual condition, mandatory insurance, inquiry about general repair costs, estimate of general repair costs, and the register of driver's licenses;

1. Application of Acts and subordinate statutes concerning field photographs and video recording records of damaged vehicles;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 151 of the Road Traffic Act (Appointment of property damaged by occupational negligence, Selection of imprisonment without prison labor), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (Appointment of Vehicles which are not Mandatory Insurance and Selection of Imprisonment);

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include not only seven times of punishment due to driving without licenses, but also committed the instant crime during the suspension of execution and protection observation period due to the violation of the Road Traffic Act (unlicensed driving) and the violation of the Guarantee of Compensation for Loss of Motor Vehicles Act.

In addition, the defendant has caused a traffic accident while driving a vehicle not covered by mandatory insurance.