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(영문) 서울동부지방법원 2018.11.28 2018고단3266

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around September 16:15, 2018, the Defendant driven a car in the column B, which was not mandatory insurance at approximately 50 km from the front side of the Yansan City Tolsan City to the point of 245 km from the front side of the Yancheon-si, Yan-si, U.S. C. to the front side of the Yan-si, U.S. Do.

2. The Defendant in violation of the Road Traffic Act (unlicensed Driving) driven a motor vehicle without obtaining a driver’s license as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of enforcement manual, driver's license ledger, and mandatory insurance-related Acts and subordinate statutes;

1. Penalty provision - Article 46(2)2, the main sentence of Article 8, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act - Selection of imprisonment, respectively;

1. Aggravation of concurrent crimes: The sentencing grounds under Articles 37 and 38 of the Criminal Act are as follows; one year of suspended sentence was imposed on the same crime on July 14, 2017 and one year of suspended sentence was confirmed at the time of the same crime (it is impossible to impose any additional disposition, such as compliance driving education, etc. to prevent recidivism) and was discovered in the instant case in a short period. In particular, the Defendant owned the same vehicle from 2009 to 2009 to 2009 (the confirmation of the judgment) without obtaining a driver’s license after the cancellation of the license in 2010, and the Defendant owned the same vehicle in the instant case. In full view of the circumstances such as: (a) the Defendant’s ordinary mandatory insurance without obtaining a license during the pertinent period may be deemed to have been driving without a mandatory insurance.

It shall be determined from a year and six months of imprisonment with prison labor to a significant hoter extent.

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