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(영문) 수원지방법원 여주지원 2015.07.14 2015고단347
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

[criminal power] On October 16, 2012, the Defendant issued a summary order of KRW 1.5 million to the court on February 6, 2014, with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license), KRW 5 million due to a violation of the Road Traffic Act (driving without a license), KRW 3 million due to the same court on April 17, 2014, and KRW 1.5 million due to the same crime at the same court on April 22, 2014.

【Criminal Facts】

The defendant is a holder of B Costa Car and is not covered by mandatory insurance, shall not operate any motor vehicle on the road.

그럼에도 불구하고 피고인은 2015. 3. 21. 20:20경 이천시 창전동에 있는 샛별슈퍼 앞 도로에서부터 같은 시 관고동에 있는 로터리막창구이 앞 도로에 이르기까지 약 300m 구간에서 자동차운전면허를 받지 아니하고 의무보험에 가입되어 있지 아니한 위 카스타 승합차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Inquiry into the enemy;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, Article 152 (1) and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. has a record of being punished several times for the same crime. Nevertheless, the defendant's unfavorable circumstances such as driving a vehicle not covered by mandatory insurance in the state of unauthorized License, and the defendant's awareness and depth are being against his own crime, and the defendant does not drive without a license again thereafter.

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