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(영문) 수원지방법원 안양지원 2017.10.31 2017고단744

자동차손해배상보장법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is CYF Laun private taxi owner.

On March 15, 2017, when a person who operates a motor vehicle without having subscribed to the mandatory insurance provided by the Act, he/she operated the foregoing private taxi in the section of about 10km from 73-5 to 51, 10km-ro from 544, 51, 10km-ro, 44, 51, 10km-ro, 106, to the road near the 106-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violation of the Guarantee of Automobile Damage Compensation;

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

1. Article 46 (2) 2 and Article 8 of the Guarantee of Compensation for Damages Caused by Motor Vehicles Act, and the choice of imprisonment for a crime;

1. Although punishment has been imposed several times for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the Defendant’s liability for the crime of this case is not exceptionally applied in light of the fact that the instant crime was committed and the period of non- mandatory insurance was not mandatory.

However, it is decided as ordered by considering the fact that there is no history of punishment exceeding the defendant's reflectivity and fine, and all other conditions of sentencing including the defendant's age and environment.