logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.29 2017고단1579
자동차손해배상보장법위반등
Text

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

Reasons

Punishment of the crime

[criminal records] On September 19, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two months for an indecent act committed by the Seoul Western District Court, and completed the execution of the sentence on July 27, 2015.

[Criminal facts]

1. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

On April 19, 2017, around 15:00, the Defendant operated Dribe, not covered by mandatory insurance, at a distance of about 7 km from around 7km to the window of Changwon-si, Changwon-si, Changwon-si, Changwon-si, Changwon-si. The Defendant operated Dribe, a cargo vehicle, which was not covered by mandatory insurance, at a distance of about 415km from front of the Changwon-si's Changwon-si.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving of the said cargo without obtaining a driver’s license from the vehicle at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Written inquiry about information on non- mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report on confirmation of repeated period);

1. Relevant legal provisions concerning facts constituting the crime, Article 46 (2) 2, the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment for each type of punishment;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are recognized as the crime of this case, and the defendant scrapped the operated cargo, and concluded a long-term transportation contract with the transportation business entity to avoid driving.

In addition, the defendant seems to have made his own efforts by showing a strong will to live a healthy life, and the family members and branch members of the defendant want to take the action against the defendant.

However, the defendant has been punished three times due to driving without a license and four times due to driving without a license, and in particular, he is a different kind of crime.

arrow