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(영문) 대구지방법원 2015.02.05 2014고단6032
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around October 12:28, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at the vehicle from the front of the Defendant’s dwelling in Daegu Dong-gu, Daegu-gu, to the front of the Defendant’s dwelling, and re-driving the C truck without obtaining a driver’s license at a section of about 2 km from the front of the Defendant’s dwelling to the front of the Defendant’s dwelling.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above C Poter Cargo Vehicles, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

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

1. Selection of each sentence of imprisonment;

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 on orders to provide community service and attend lectures was three times a fine in the year 2013 due to a violation of the Road Traffic Act (unlicensed Driving). The defendant was punished by a fine in the period of suspension of execution due to the crime of obstruction of performance of official duties, and the defendant was discovered by collision with signal apparatus while driving another without a license again without being aware of the fact that he was under suspension

However, with respect to traffic crimes (driving without a license), the punishment as ordered shall be determined by considering the following factors, including the defendant's age, character and behavior, environment, and circumstances after the crime.

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