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(영문) 인천지방법원 부천지원 2020.02.07 2019고단1316
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2019 Highest 1316]

1. On March 27, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving a C Sti-type car over a period of about 500 meters from the roads where the So-called So-gu So-called So-called So-called So-called So-called So-Si, Seocheon-si, Seoul to the front road in the same city B.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the defendant operated the car that was not covered by mandatory insurance at the above date and at the above place.

[2019 Highest 3076]

1. Around 20:00 on July 1, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving C SPR car over about 4 km from the fest road near the Seongdong-gu Seoul Metropolitan Forest Park to the front road of the Seoul Gwangjin-gu Seoul Special Metropolitan City.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant operated the car that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Report on the occurrence of each case, and report on the situation of driving without a license;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (including operation of mandatory insurance vehicles), and choice of imprisonment, respectively;

1. From among concurrent crimes, a defendant with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be sentenced to imprisonment with prison labor for eight months and two years under the suspension of execution in Seoul Western District Court on May 30, 2017.

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