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(영문) 의정부지방법원 2018.01.23 2017고단3196
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant was sentenced to imprisonment with prison labor for three months and one year of suspended execution for a crime of violating the Road Traffic Act (non-licensed driving) at the District Court on May 24, 2017.

6. 1. The sentence becomes final and conclusive and is still under suspended sentence.

1. On July 5, 2017, the Defendant driven a C Poter truck without a driver’s license in a section of about 450 meters in front of the 2-19 Jin-gun apartment complex located in the center of 35-ro, Seocheon-si, Seocheon-si, the center of the city of 2-19, the center of the city of 87,000.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) the owner of the C Poter freight, and (b) the Defendant operated the said freight vehicle, which was not covered by the automobile insurance, at the time and place specified in paragraph

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report (operation, etc. without a license);

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of a judgment attached), previous convictions and results of confirmation of such previous convictions;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the same Act concerning the operation of automobiles which are not mandatory insurance, and the selection 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 as follows: (a) the Defendant committed a violation of road traffic law, including drinking and non-licensed driving, on 12 occasions; and (b) the Defendant again drives the instant non-insurance vehicle during the suspended execution period due to non-licensed driving, which is inevitable to sentence the Defendant.

However, the punishment shall be determined in consideration of the fact that the crime of this case is recognized and reflected.

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