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(영문) 서울중앙지방법원 2018.10.19 2018고단4894
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On July 15, 2018, the Defendant driven an ECA110E vehicle without obtaining a motor bicycle driver’s license from the Seoul Jung-gu Mayor to the D agency located in the same Gu C from July 15, 2018 to the D agency located in the same Gu C.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages: (a) was a person holding ECA 110E cars; (b) was operating a two-wheeled car without mandatory insurance at the time and place specified in paragraph (1) in spite of the fact that he was prohibited from operating a motor vehicle on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. A report on self-violation of offense and an explanatory note;

1. Inquiry into mandatory insurance and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning facts constituting an offense;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 62 (1) and (2) of the Criminal Act on the stay of execution ( considered as favorable circumstances among the following reasons for sentencing):

4. The community service order under Article 62-2 of the Criminal Act;

5. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in a large number of criminal records against the defendant, and the fact that the defendant was issued a summary order for the same crime on June 5, 2018, is disadvantageous circumstances or that the defendant did not subscribe to mandatory insurance due to economic difficulties.

The sentence shall be determined as ordered by considering all the factors of sentencing as shown in the trial process of this case, such as the fact that the actual financial condition of the defendant is not good, the fact that the defendant is driving and operating a motor vehicle, the fact that the defendant has no record of being punished as a suspended sentence or more, and the defendant's age, sex, sex, family relationship, circumstances after the crime, etc., and the circumstances after the crime.

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