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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1594
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 15:00 on May 3, 2019, the Defendant driving a motor vehicle without obtaining a motor vehicle driver’s license, from around 1km to the D cafeteria located at Kimpo-si, Kimpo-si, to around 1km from May 3, 2019.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a vehicle in the E SP area, operated the vehicle in the name of the Defendant, which was not covered by mandatory insurance, at the time, place, and under the name of the Defendant, which was not covered by mandatory insurance, despite the fact that he was prohibited from operating the vehicle on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes to car rentals, mandatory insurance inquiries, and vehicle photographs;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, and Article 46 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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 (The following extenuating circumstances among the reasons for sentencing);

1. In light of the fact that the Defendant committed the instant crime even though he/she had been punished for the same offense, the Defendant’s liability for the crime of this case is not that of the crime.

However, in full view of the following factors: (a) the Defendant reflects the mistake; (b) there is no record of punishment exceeding the fine; (c) the motive and background of the instant crime; (d) the circumstances after the instant crime; and (e) the age, character and conduct, family relationship, and economic circumstances of the Defendant at the instant trial, the punishment as ordered shall be determined.

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