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(영문) 의정부지방법원 2018.09.11 2018고단1834
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On January 19, 2017, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law (unlicensed driving) at the Jung-gu District Court on January 19, 201, and completed the execution of the sentence in Chuncheon prison on September 18, 2017.

[Criminal facts]

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of a truck of 86Ma8416 ton of freight.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on March 15, 2018, the Defendant operated the foregoing cargo vehicle, which was not covered by mandatory insurance on the front road of C at the time of the two-school games around 10:20.

2. On March 15, 2018, the Defendant: (a) driven the freight vehicle from around 37-4 km-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the same Act concerning the operation of automobiles which are not mandatory insurance, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have reached 12 times, and the Defendant repeated the instant crime during the period of repeated crimes due to driving without a license, even though the former part of Article 37 of the same Act, Article 38(1)2, and Article 50 of the same Act have reached 12 times

In addition, the defendant has reached several times prior to the violation of the Guarantee of Automobile Compensation.

In consideration of these criminal records, a sentence shall be imposed on the accused.

However, the fact that all of the crimes of this case are recognized and reflected, and the defendant's driver's license is not obtained due to the regular education.

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