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(영문) 수원지방법원 여주지원 2016.09.21 2016고단567

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to a summary order of KRW 50,00,000 as a violation of the Guarantee of Automobile Damage Compensation Act, and a fine of KRW 500,000,000 as a violation of the Guarantee of Automobile Damage Compensation Security Act at the Jung-gu District Court on February 1, 2010. On October 30, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles) in the Credit Provision Support of Suwon Franchi, which became final and conclusive on November 7, 2015.

[Criminal facts] On May 23, 2016, the Defendant driven a car in the column B, which was not covered by mandatory insurance without obtaining a driver’s license from a section of about 300 meters from the insular area (07:00 to the front road of the same military branch) to the insular area (789) of the same military branch.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act has a history of having been punished several times for violating the Guarantee of Automobile Damage Compensation Act, it appears that there is no record of being punished for driving without a license, and the same sentence as the order is imposed in consideration of the circumstances, etc. of a person who is a driver without a license, whose driving distance is relatively short.