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(영문) 수원지방법원 평택지원 2017.05.31 2017고단698

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B Poter II cargo.

On April 7, 2017, the owner of a motor vehicle is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road. However, the defendant operated the foregoing cargo vehicle not covered by mandatory insurance in approximately 15 kilometers from the front of the industrial complex located in Pyeongtaek-si, in the city of Dorri, in the city of Dorri, to the front of the new funeral distance located in Pyeongtaek-si.

2. The Defendant was driving B Poter II cargo vehicles without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence and autopsy of a case;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession, reflectivity, and the fact that there is no record of crime exceeding the fine, etc. committed in the same kind of crime: The sentence imposed on the defendant, such as age, family relation, circumstances of crime, etc.: Six months of imprisonment, suspension of execution of two years, and order of observation of protection, shall be determined as per the disposition;