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(영문) 수원지방법원 여주지원 2017.07.12 2017고단635
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to six months of imprisonment with labor for a violation of road traffic law (dacting driving) and two years of suspended execution on February 24, 2017 in the support of the Friwon Friju on February 16, 2017 and is still under suspended execution as the judgment became final and conclusive on February 24, 2017.

[Criminal facts] On May 16, 2017, the Defendant, without a vehicle driver’s license around 08:20 on May 16, 2017, operated C Pops not covered by mandatory insurance from about 2 km section to the road prior to the East Ga road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to inquire into non- mandatory insurance information;

1. Relevant Article of the Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving points), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the same Act (the point of operating a vehicle with no mandatory insurance) and the choice of imprisonment, respectively;

1. In light of the circumstances leading up to the instant crime, etc. committed by the Defendant, who had been punished several times due to a traffic-related crime, such as drinking and driving without a license for the reason of sentencing, etc. under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, the sentence of the same punishment as the order shall be imposed in consideration of the fact that the Defendant committed the instant crime.

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