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(영문) 서울동부지방법원 2016.05.26 2016고단738
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On April 11, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. (joint conflict) at the Seoul Eastern District Court (Seoul Eastern District Court). On May 28, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the same court on September 13, 2014, and the judgment became final and conclusive on September 24, 2014, and completed the execution of the said punishment at an Ansan Prison.

[Criminal facts] The Defendant is the owner of a two-wheeled CBR that has no serial number.

1. On March 17, 2016, the Defendant was driving a CBR two-wheeled vehicle (900c) without obtaining a driver’s license on March 17, 2016 from the TBR distance in Gwangjin-gu Seoul Special Metropolitan City to about 1km-ro 460, an identical luminous road.

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

Nevertheless, the Defendant operated a two-wheeled automobile without any number plate that was not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, and confirmation of suspect criminal records;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on Punishment of Violences, etc. are as follows: (a) the Defendant was sentenced on April 5, 201 to a violation of the Punishment of Violences, etc. Act and a crime of injury on April 5, 2014, and for which one year has not passed since the execution of the sentence was terminated; (b) the Defendant committed the instant crime; and (c) the Defendant had a number of criminal records of the juvenile protective disposition and traffic-related crimes.

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