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(영문) 수원지방법원 성남지원 2016.06.08 2016고단908
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four 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. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, at around 15:40 on March 24, 2016, the Defendant operated a BCCOD 3.5 car owned by the Defendant, who was not covered by mandatory insurance from the 34 Dop Dop-ro Dop-ro 34 in Gwangju-si.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a car as stated in the preceding paragraph without obtaining a driver’s license at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (Operation of Non-Compulsory Motor Vehicles) of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Comprehensive consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, sexual conduct, environment, motive for the instant crime, etc., and the conditions of sentencing indicated in the arguments and records, such as the motive for the instant crime, but in particular, under the unfavorable circumstances such as the fact that a person was sentenced four times to a fine for a crime such as drinking, driving without a license, etc., but has not been covered by mandatory insurance, the fact that the person would not drive the vehicle again while disposing of the vehicle, and the fact that the person would not drive the vehicle again shall be determined as ordered by

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