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(영문) 대구지방법원 2016.11.17 2016고단4363
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 18:30 on August 26, 2016, the Defendant was driving a C-do motor vehicle without obtaining a driver’s license within approximately 2 km section from the front of Daegu Dong-gu, to the front of the same 3-lane 22 (New-ro, 2000) of the same Gu, and without obtaining a driver’s license.

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

Nevertheless, the Defendant driven a Crane car not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph (1) above.

Accordingly, the Defendant, as a motor vehicle owner, operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of an automobile which is not mandatory insurance), the choice of a fine (the fact that the defendant is willing not to repeat again, the fact that the defendant has no record of criminal punishment exceeding the fine due to driving without a license, etc.)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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