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(영문) 창원지방법원 2020.08.11 2020고단1541
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 05:40 on May 6, 2020, the Defendant driven an E-high-speed car without obtaining a driver’s license in a section of about 900 meters from the front of the Kimhae-si to the front of the D in the same city C from the front of the D in the same city at the same time.

2. No owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant did not purchase mandatory insurance and operated the E-highest car, such as the statement in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

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

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is likely to be criticized in that the Defendant committed the instant crime even though there are several times of records of punishment for the same kind of crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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