logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.08.28 2018고단4263
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate an automobile not covered by mandatory insurance;

On June 23, 2018, the Defendant, as a holder of K3 automobiles, operated the said automobiles not covered by mandatory insurance at approximately 500 meters section from the front of the C-W to the front of the D-Won Road at Sungsung City, on June 17, 2018.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a passenger car as stated in paragraph 1 without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Registers of driver's licenses;

1. Application of the mandatory insurance policy and the Acts and subordinate statutes of the hostile bureau;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On October 31, 2017, the crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant whose driver’s license was revoked without obtaining a license for a motor vehicle that is not covered by mandatory insurance, and the nature of the crime is not minor.

On October 2017 and August 2018, the Defendant has been sentenced to a fine on two occasions due to driving without permission, and on October 2016, the Defendant has been subject to a disposition of suspension of indictment once as a violation of the Act on Guarantee of Automobile Accident Compensation of the same kind.

In addition, it is not good that the Defendant was contacted several times in the trial process of the instant case but failed to appear properly, and the Defendant was arrested and detained.

However, the fact that the defendant is recognized as committing the crime of this case and the defendant is still punished for more than a suspended sentence.

arrow