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(영문) 인천지방법원 부천지원 2020.01.10 2019고단3445
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six 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 September 29, 2019, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a BK3 car, operated the said car without mandatory insurance from the D front road located in Bupyeong-gu Incheon Bupyeong-gu, Incheon to approximately 2 km to the front road in Seocheon-si, Busan.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the said vehicle at the same time and place as above without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of correction of unauthorized transport;

1. Details of cancellation disposition of driver's license and the register of driver's license;

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

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 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 reason for sentencing under Article 62-2 of the Criminal Act is for the violation of the Road Traffic Act (unlicensed driving). However, even though there has been three times of punishment, it is inevitable to punish the defendant significantly even in order to prevent recidivism.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that there is no record of punishment exceeding the fine, etc., and the fact that there is no record of punishment exceeding the fine, the punishment is determined as per the order by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of the crime,

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