자동차손해배상보장법위반등
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.
Punishment of the crime
1. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a passenger car with B investment risk.
Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance on April 10, 2017 at around 17:30, Pyeongtaek-si Do Do Do.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a B-hand vehicle 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. Report on the circumstances of driving without a license;
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 committing a crime exceeding the fine, etc. committed by a person who has been sentenced to punishment several times due to driving of alcohol or driving without a license, etc., and other favorable circumstances such as the fact that there is no record of committing a crime: The sentence shall be determined as per the disposition of imprisonment with prison labor for not less than six months, a stay of execution for not less than two years