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(영문) 수원지방법원 안양지원 2019.09.18 2019고정483
자동차손해배상보장법위반등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On April 16, 2019, the Defendant was sentenced to imprisonment for ten months with prison labor for the obstruction of performance of official duties by deceptive means, etc. in Gyeyang Branch of the Suwon District Court, and the said judgment became final and conclusive on June 18, 2019.

【Criminal Facts】

On July 23, 2018, around 10:27, the Defendant driven a Don-B car quantity without a driver’s license in approximately 10km section from the Mayang-dong Goyang-dong Station to the front road of the “C” located in Gyeonggi-si, Gyeonggi-si, without a driver’s license, while driving a Don-B car quantity without purchasing a mandatory automobile insurance policy.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. The register of car driving licenses, car driving licenses (A), and mandatory insurance policies (D);

1. Before judgment: Application of one copy of the judgment of the defendant in the case of the defendant's legal statement, the Suwon District Court's Gyeyang-gu 2019 High Court's 190, 376 (Merger).

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act exempt from concurrent treatment and punishment (limited to the case where a judgment was rendered simultaneously with the crime of obstruction of the performance of official duties by deceptive means, etc. as stated in the judgment, it appears that the defendant was not sentenced to more severe punishment, and thus, exemption from punishment against the defendant by taking into account the equity between the case where the judgment

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