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(영문) 수원지방법원 2017.09.26 2016고단7680
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 20, 2016, the Defendant: (a) driven a knife car without obtaining a driver’s license from a 2 km section from the front of the trinal temporary installation located in the Clife Slife Slife Slife Slife Slife Slife Slife Slife Slife Slife Slife Slife Slife Slife Slife

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance of motor vehicles;

Nevertheless, the Defendant operated a B car with the Defendant, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Mandatory insurance certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Selection of each sentence of imprisonment;

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 (amended by Act No. 1014, Mar. 1, 201);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, each of the instant crimes constitutes a situation unfavorable to the Defendant, such as the following: (a) the Defendant driven a vehicle without a driver’s license and without mandatory insurance; (b) the Defendant committed each of the instant crimes with the cancellation of a driver’s license on June 10, 2010; and (c) the Defendant was punished twice due to a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Guarantee of Automobile Compensation Act (hereinafter “Act”) and a violation of the Guarantee of Automobile Compensation Compensation Act.

However, the defendant's confession of each of the crimes of this case recognized his mistake, the defendant did not cause other damages such as traffic accidents, and was punished in excess of the fine for the last five years.

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