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(영문) 서울중앙지방법원 2016.04.27 2016고단1244
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On February 28, 2016, the Defendant, without a driver’s license, driven BM7 motor vehicles at a section of approximately KRW 500 meters from the Dobong-dong 934-15, Seoul Special Metropolitan City, to the same new 475-58, Dong-dong 4, Dong-dong 934-15, Seoul Special Metropolitan City, without a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of BM7 passenger cars.

The Defendant operated the said car without mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of violation of the Road Traffic Act and the Guarantee of Automobile Compensation;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with prison labor;

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. Even though there was a history of punishment for driving under drinking and driving without a license, including the previous convictions prior to the suspended sentence of punishment under Article 62-2 of the Criminal Act of the community service order and order to attend lectures, the fact that driving without a license is disadvantageous to the defendant.

However, the sentence shall be determined as ordered in consideration of various sentencing conditions in the records, such as the defendant's age, sex, family relationship, and circumstances after the crime, along with the fact that the defendant has no criminal record and reflects the crime.

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