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(영문) 수원지방법원 여주지원 2016.09.07 2016고단530
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 14, 2015, the Defendant was notified of a summary order of a fine of two million won for violation of the Guarantee of Automobile Accident Compensation Act and the Road Traffic Act (unlicensed Driving) in the Sungwon District Court's Sungnam branch on September 14, 2015, and was committed three times more.

On May 12, 2016, at around 20:00, the Defendant, without a car driver’s license, driven a car without mandatory insurance from approximately 3 km to the Defendant’s house located in B from the front of the bine pention road to the front of the house.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on non- mandatory insurance information inquiry;

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, 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 on the suspended execution (Taking into account circumstances in which there exists no record of punishment heavier than that of a fine due to the crime of the same kind);

1. Social service order under Article 62-2 of the Criminal Act;

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