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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1357
자동차손해배상보장법위반등
Text

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.

Reasons

Punishment of the crime

1. The defendant in violation of the Guarantee of Automobile Compensation for Loss, is a person holding a BM7 car, and the owner of a motor vehicle shall not operate a motor vehicle on the road which is not mandatory insurance;

Nevertheless, on May 27, 2016, the Defendant operated the car without mandatory insurance at approximately 20 km section from the front day of the Gyeonggi-do Viewing-do to the front day of the Pyeongtaek-si in Gyeonggi-do.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven BM7 automobiles without obtaining a driver’s license at the time and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Original Register of Automobile Registration;

1. Inquiry into mandatory insurance;

1. Application of the police seizure protocol statutes;

1. Selection of imprisonment with prison labor for the relevant criminal facts, Article 152 subparagraph 1 of the Road Traffic Act and Article 152 of the same Act (non-licensed driving points), Article 43 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation;

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 on the suspended execution;

1. The observation of protection and the order of community service order Article 62-2 of the Criminal Act, the reason for sentencing under Article 59 of the Act on the Observation, etc. of Protection (based on the application of sentencing guidelines): The primary reason for sentencing shall be determined as ordered by the order on the grounds that a fine is more than three times due to drinking driving after 2007 and a fine is more than one time due to the same kind of crime as this case.

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