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(영문) 춘천지방법원 영월지원 2014.07.18 2014고단156
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On February 28, 2014, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) around 13:20, the Defendant driven a three-wheeled vehicle, which was not mandatory insurance at approximately 60km section, from the upper end of the Defendant’s house located in Gangnam-si B to the front end of the Security Center for Fire Prevention and Security.

2. The Defendant violated the Road Traffic Act (free license) driving of the said low-speed car without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses and mandatory insurance;

1. Application of Acts and subordinate statutes to non-licensed drivers control manual;

1. Relevant legal provisions concerning facts constituting an offense, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, Articles 152 subparagraph 1 and 43 of the Road Traffic 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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been already punished several times due to the violation of the Road Traffic Act, and that the defendant's age, happiness, family environment, and circumstances after committing a crime, etc., and all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, which can be known through the oral argument,

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