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(영문) 청주지방법원 2017.11.09 2017고단1120
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a holder of Bone Star Co., Ltd.

On April 10, 2017, the Defendant driven the van without obtaining a driver’s license from around 4 km to the front road of the same Do in the area near the Masansansan, Seo-gu, Seowon-gu, Cheongju-si, Cheongju-si to the 1nd road of the Yong-gu, Yong-gu, Yong-gu, Yong-si, Yong-si, and the Defendant was driving the said van without having bought mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

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

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. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend a lecture, and the order to attend a community service order: The Defendant appears to have expressed an attitude in light of the legal order, such as driving a vehicle under an insurance without a license, even though he/she had three times of past records, such as having been subject to suspended execution or a fine due to a crime of driving without a license, etc. on January 25, 2015; June 5, 2015; and July 16, 2016, the Defendant has been subject to suspended execution or a fine due to a crime of driving without a license. The elements of sentencing favorable to the o are erroneous. Comprehensively considering the sentencing conditions under Article 51 of the Criminal Act

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