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(영문) 대구지방법원 의성지원 2019.05.23 2019고단57
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B B Pobbbbs and one ton of cargo vehicles.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, at around 20:05 on December 10, 2018, the Defendant operated the said vehicle not covered by mandatory insurance at approximately 150 km section from the front side of the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the point where 20.2km away from the front side of the Gyeong-gun, Gyeongnam-gun to the point where it was located in the Gyeongsan-gun, Gyeongsan-gun.

2. The Defendant violated the Road Traffic Act (unlicensed driving) at the same time and at the same place without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual condition survey report, relevant photographs, report on the occurrence of traffic accidents, the ledger of driver's license, and mandatory insurance-related Acts and subordinate statutes;

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 subparagraph 1 of the Road Traffic Act, and Articles 152 and 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. The fact that a motor vehicle not covered by mandatory insurance for the reason of sentencing under Article 62 (1) of the Criminal Act is operated on an expressway without a driver's license and the criminal records of the defendant are particularly taken into account;

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