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(영문) 수원지방법원 성남지원 2017.09.15 2017고단1285
자동차손해배상보장법위반등
Text

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant is a person who was sentenced to imprisonment for eight months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court and its Daegu District Court on November 26, 2015 and was under suspended execution as of December 4, 2015.

[Criminal facts]

1. Violation of the Traffic Act on roads;

A. On March 15, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 06:18, driven a C Poter truck at a section of about 2 km from the road front of the distance in the village of the Do, which is located in the village of the Do, Jung-gu, Seo-gu, Sungnam-dong, 3967, Sungnam-dong, to the road front of the Sejong Deputy Road of the Gu.

B. On April 7, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 19:30, driving C Poter truck at a section of about 2.5 km from the road front of the village distance in the vicinity of the Do, which is located in the vicinity of the Do, Jung-gu, Sungnam-gu, Seoul, to the road front of the inspection team located in the same Gu, 25 meters from the front of the inspection team located in the same Gu.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless,

A. The Defendant driven C Poter truck not covered by mandatory insurance at the same time and at the same place as paragraph 1(a) of Article 1; and

B. The Defendant driven C Poter truck which was not covered by mandatory insurance at the same time and place as Paragraph 1(b).

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of a self-regulatory report and mandatory insurance-related Acts and subordinate statutes;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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