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(영문) 수원지방법원 여주지원 2020.03.24 2020고단68
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. Around 07:55 on January 12, 2020, the Defendant driving a B-beon vehicle without obtaining a driving license at approximately 200 km from the front of the Newan-dong, Jin-si (hereinafter referred to as Jin-si) to the road at a point 317 km away from the mid-gu, Gyeonggi-si (hereinafter referred to as the “B-beon Road”).

2. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant, as the holder of the cargo vehicle stated in Paragraph 1, operated the cargo vehicle without mandatory insurance, at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Acts concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same 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 provides that the suspended sentence has been punished three times due to unauthorized driving for the reason of sentencing under Article 62(1) of the Criminal Act, the driving distance, etc. shall be considered disadvantageous circumstances, but it shall be considered in favor of the situation and reflects, and there is no penalty exceeding the fine.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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