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(영문) 수원지방법원 안산지원 2018.08.29 2018고단2337
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

The defendant is a holder of the B-A-to-purd passenger vehicle.

1. No person who violates the Guarantee of Automobile Compensation shall operate any automobile on the road which is not covered by mandatory insurance provided for in the Guarantee of Automobile Compensation Act;

Nevertheless, around 19:05 on June 24, 2018, the Defendant operated a vehicle not covered by mandatory insurance on around 2 km from the front road of the C in Ansan-si to the front road of the E High School located in Ansan-si, Ansan-si, Seoul-si.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license from the date and place specified in paragraph 1, and without obtaining a driver’s license from the said vehicle, the Defendant driven the said A-to-purn vehicle as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire into mandatory insurance and details of mandatory insurance inquiries;

1. Relevant provisions of Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (Non-Compulsory Insurance) and Articles 152 (1) and 43 (Unlicensed Driving) of the Road Traffic Act concerning facts constituting an offense (to select each imprisonment with prison labor);

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that concurrent crimes are aggravated for concurrent crimes (the Defendant has been subject to a fine of one time in 2008 and two times in 2017, the Defendant committed the instant crime during the period of suspension from drinking on April 2017, and the Defendant committed the instant crime during the period of suspension from drinking, the circumstances leading to the Defendant’s assertion without a license, and the distance, etc.) or more.

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