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(영문) 대구지방법원 2017.09.26 2017고단3476
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Violation of the Traffic Act on roads;

A. On March 6, 2017, the Defendant, without a driver’s license around 00:20 on March 6, 2017, driven a B Twork XG car from around approximately 3km to the front day of the “gold River” parking path located in the same Gu and located in the same Dong-dong of the Gyeongbuk-dong, Daegu-gu.

B. On June 1, 2017, the Defendant, without a vehicle driver’s license around 07:50, driven a B Twork XG car from around about 5km section from the front of the “Taong Fishing Place” located in the Daegu Northern-gu, Daegu Northern-dong to the front day of the “Evedoon cartoon book” located in the same Dong-dong.

2. A motor vehicle not covered by mandatory insurance in violation of the Guarantee of Automobile Damage Compensation Act cannot be operated, but the Defendant operated a non-insurance vehicle twice as provided in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Mandatory insurance certificate;

1. Application of Acts and subordinate statutes to report on the arrest of a person suspected of violating the Guarantee of Automobile Compensation Liability for Damages;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages of respective Motor Vehicles Act (the operation of motor vehicles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are that the Defendant suffers from high blood pressure and pain, and that health conditions are not good.

The defendant is maintaining his livelihood while driving cream, and the defendant has repeatedly committed this case in order to drive cream as the contact comes.

However, the Defendant had been notified of a summary order of KRW 1 million on April 15, 2016 due to the driving of the said B TD car, which was not covered by the mandatory automobile insurance prior to the instant crime. However, the Defendant thereafter caused a traffic accident while driving the said TD car.

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