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(영문) 대구지방법원 경주지원 2019.01.30 2018고단586

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 Accident Compensation Act is a holder of Bone Star Co., Ltd.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on February 10, 2018, at around 13:09, the Defendant operated B Costex Engines that were not covered by mandatory insurance on the front side of the D, PPP, and from that time, from August 18, 2018 to August 40, 2018, the Defendant operated B Cost Engines that were not covered by mandatory insurance 28 times in total, as indicated in the list of crimes in the attached list of crimes.

2. Around 13:09 on February 10, 2018, the Defendant driven the said van without obtaining a driver’s license from D in front to B in an irregular section from D in front to B in the irregular section, and from June 5, 2018 to June 17:48, 2018, the Defendant driven the said van without obtaining a driver’s license over 25 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Data on passage through a tea screen X-how;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant appears to be against the crime; (b) the fact that there was no record of the crime exceeding the fine by the defendant; and (c) the sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, etc., were determined