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(영문) 의정부지방법원 2018.05.29 2018고단963
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. No motor vehicle shall be operated on a road unless a mandatory insurance policy violating the Guarantee of Automobile Compensation for Loss is subscribed;

Nevertheless, on August 23, 2017, the Defendant operated a B-A5 car on the roads prior to 1673, 1914, the Seog-gu, Suwon-si, Suwon-si, the Seogwon-si, and on August 24, 2017, the Sugwon-si, the Sugwon-si, the Seogwon-si, the Seogwon-si, the Sugwon-si, the Seogwon-si.

2. On August 23, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) without obtaining a driver’s license, and driving B-A-D A5 car at approximately 2 km from the front side of the bus terminal 149, from the front side of the Suwon-si, Suwon-si, Suwon-si, the Suwon-si, the front side of the bus terminal 149, to the front side of the Suwon-si, the 1914, and on August 24, 2017, at around 12:00, from the front side of the Kuwon-si, the Suwon-si, Suwon-si, the Suwon-si, the Suwon-si, the Suwon-si at approximately 2km from the front side of the Kuwon-si, the Suwon-si, the Suwon-si, the 1673, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating automobiles which are not mandatory insurance) and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order of community service, have reached six times the previous drivers without a license, and the previous convictions and two times the suspended execution, and the previous convictions and two times the violation of the Guarantee of Automobile Compensation Compensation Act have reached

Despite that fact, the Defendant repeated the instant crime again.

However, the punishment shall be determined in consideration of the reflection.

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