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(영문) 광주지방법원 2015.11.19 2015고단3898
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 24, 2015, around 10:30, the Defendant driven a C truck, which was not covered by mandatory insurance without obtaining a driver’s license, from around 500 meters section from the front road of the “Yeongdong Oil Station” located in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul to the principal intersection located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor, 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant continued to drive without a driver's license and has been punished repeatedly for a driver's license. Among them, the sentence is also included, and since he operated a vehicle without mandatory insurance at the time of the instant crime, the nature of the crime is inferior.

However, there are favorable circumstances such as the fact that the defendant is currently aged and has not driven again while disposing of the vehicle possessed by him, and considering this, it is necessary to take into account other factors such as the defendant's age, character and conduct, environment, health conditions, circumstances after the crime, and all of the sentencing conditions shown in the argument of this case, including the defendant's age, character, environment, health conditions, circumstances after

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