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(영문) 수원지방법원 안양지원 2015.10.16 2015고단776
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2015 Highest 776]

1. On April 1, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a B Track-do car owned by the Defendant without obtaining a driver’s license from about 2 K meters section from the steel mountain station located in the Sinsan-dong in the Sinsan-si to the 1429 Sinyang-do Gyeongyang-gu Gyeongyang-gu Gyeongyang-gu Gyeongyang-gu.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle with the cream car which is not covered by mandatory insurance at the time and place of the above paragraph 1.

[2015 Highest 1449]

1. On March 30, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) at around 21:30 on March 30, 2015, the Defendant driven a B cke-do car without obtaining a driver’s license, from the front side of the Jyang-gu Goyang-gu Goyang-gu, Seoul to the front side of the search and inspection station located in Eunpyeong-gu, Seoul to the front side of the search site located in 370.

2. While the Defendant was prohibited from operating a motor vehicle on the road which was not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act, the Defendant operated the said motor vehicle without mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

[2015 Highest 776]

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Reporting on detection of a violation of the Road Traffic Act (driving without a license);

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

1. From among concurrent crimes, imprisonment with prison labor for June 18, 2014 is for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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