logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.24 2017고단7574
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 13:50 on October 7, 2017, the Defendant driven a Category-II cargo vehicle without obtaining a driver’s license from 10 Do in Jongno-gu Seoul, Jongno-gu, Seoul to 500 meters away from 65 Do to 53 Do, Seongbuk-gu, Seoul, Seongbuk-gu, Seoul, and without obtaining a driver’s license.

2. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road which was not mandatory insurance, the Defendant operated the motor vehicle of the foregoing D 2 truck, which was not covered by mandatory insurance at the time and place of No. 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger and the driver's license ledger;

1. Inquiries about mandatory insurance, a detailed statement of inquire about the disposition of mandatory insurance notice (No. 14) and the application of statutes at the end of the year;

1. Article 46 (2) 2 of the relevant Act on the Guarantee of Compensation for Loss of Motor Vehicles, the main sentence of Article 8 (the point of operating a motor vehicle with no mandatory insurance) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant has the past history of having been punished three times due to a licenseless driving, in particular, even though he/she had been punished twice by a licenseless driving only in 2017, and that he/she again drives a license without obtaining a license, etc.;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be provided for in a violation of the Guarantee of Compensation for Motor Vehicles, the punishment of which is heavier);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act of the Suspension of Execution (the following circumstances are considered: (a) the Defendant reflects the fact of crime and reflects the fact of crime; (b) there exists no record of punishment heavier than the fine before the instant case; and (c) the process of implementing mandatory insurance after

arrow