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(영문) 수원지방법원 2020.12.18 2020고단4757
자동차손해배상보장법위반등
Text

Defendant shall be punished by imprisonment for six months and by a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On July 23, 2020, the Defendant was sentenced to imprisonment with prison labor for similar rape, etc. at the Suwon District Court on July 23, 202, three years of suspended execution, and fine of 20,000 won, and the above judgment was finalized on July 31, 2020.

【Criminal Facts】

1. Around 09:10 on July 8, 2020, the Defendant driven a FOtob, without obtaining a driver’s license, from the road near the C Hospital located in the Shinsi Population B to the front road of the E-school located in the same Gu D from approximately 400 meters away from the road near the C Hospital located in the Shinsi-si.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act operated an Oral Ba, which was not covered by mandatory insurance, at the time and place specified in paragraph 1, as the holder of the FOal Ba.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. On board, the register of driver's licenses, and mandatory insurance;

1. Photographs (controlled only);

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (attached to the indictment of this case while pending trial), and application of Acts and subordinate statutes significantly to this court;

1. Relevant legal provisions concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a vehicle which is not mandatory insurance and the choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

1. Article 37 (former part), Article 38 (1) 3, and Article 50 of the Criminal Act among concurrent crimes;

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

1. Article 62 (1) and (2) of the Criminal Act of the Suspension of Execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the crime of this case, and that the principle of equity with the case of judgment should be considered at the same time with the previous conviction is favorable to the defendant.

On the other hand, the defendant has suspended the execution of imprisonment for the same crime.

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