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(영문) 인천지방법원 부천지원 2020.05.13 2019고단4096
자동차손해배상보장법위반등
Text

1. The defendant shall be punished by imprisonment for three months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Guarantee of Automobile Accident Compensation Act, is the owner of a cargo vehicle B.

No owner of a motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, at around 14:15 on November 10, 2019, the Defendant driven the above cargo vehicle not covered by mandatory insurance from the D-Road near Seocheon-si, Seocheon-si, to the road near the Small Residents Support Center located in the same city, 3-9, 3-9, 1.5 kilometers around the same city.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to vehicle photographs, mandatory insurance and driver's license registers;

1. Relevant Article of the Act on Criminal Facts and Article 46 (2) 2, Article 8 of the Guarantee of Automobile Accident Compensation Act, and Articles 152 and 43 of the Road Traffic Act;

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 Social Service Order Criminal Act has already been punished three times as a crime of violation of the Road Traffic Act (unlicensed driving) and the responsibility for driving a motor vehicle without mandatory insurance is not provided under Article 62-2 of the same Act. However, the defendant shows an attitude to recognize and reflect his/her mistake, the defendant does not cause any traffic obstacle in the course of driving, and other punishment like the order shall be determined by comprehensively taking into account the following factors: the defendant's character, age, motive and background of the crime, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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