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(영문) 대구지방법원 상주지원 2017.08.08 2017고단230
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. No automobile in violation of the Automobile Management Act shall be operated unless it is registered in the automobile registration ledger;

Nevertheless, from August 2015 to April 6, 2017, the Defendant operated B Poter Cargo Vehicles without being registered in the register of vehicle registration.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the foregoing cargo truck, which was not covered by mandatory insurance from August 2015 to April 6, 2017.

3. On April 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without a driver’s license in approximately 3 km section from the Defendant’s home located in C at around 10:30 on April 5, 2017 to the same border distance, and again driving the vehicle without a driver’s license, from around 3km to the front road of the Defendant’s home.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Relevant legal provisions concerning the facts constituting the crime, and Articles 80 subparagraph 1 and 5 of the Automobile Management Act (unregistered motor vehicle operation, choice of imprisonment), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the operation of motor vehicles which are not mandatory insurance, choice of imprisonment) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the non-licensed driving, the selection of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing), driven an unregistered motor vehicle without mandatory insurance.

The period is about one year and eight months, and it is considerably long.

The defendant's act is seeking the proper and safe operation and management of motor vehicles.

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