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(영문) 창원지방법원 2017.12.12 2017고단2803
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four 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

[2] On August 20, 2004, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1 million due to a violation of road traffic laws (unlicensed driving), KRW 2 million due to a violation of road traffic laws (unlicensed driving), and on July 14, 2008, a fine of KRW 3 million due to a violation of road traffic laws (unlicensed driving) at the same court on July 14, 2008; and on April 26, 2017, a fine of KRW 3 million due to a violation of road traffic laws (unlicensed driving).

[Criminal facts]

1. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

On July 26, 2017, around 12:15, the Defendant operated a BM3 vehicle not covered by mandatory insurance from around 300 meters at a distance of about 1320 meters from the 5-10 Do, 1289, to the 4rd road of the same city.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said car without obtaining a driver’s license at the time and place specified in paragraph 1.

Summary of Evidence

Application of the law to the ledger of driver's license to Defendant's legal statement and mandatory insurance

1. Relevant Article of the Act concerning the facts constituting the crime, Article 46 (2) 2, and Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles that have not been subject to mandatory insurance (the point of operating motor vehicles), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of operating motor vehicles without obtaining a license) / Imprisonment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there is no past record of the suspension of execution or a heavier punishment for a traffic crime, and that there is a penance);

4. An order to attend a course under Article 62-2 of the Criminal Act;

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