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(영문) 수원지방법원 평택지원 2017.06.07 2017고단743
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a passenger car with B investment risk.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance on April 10, 2017 at around 17:30, Pyeongtaek-si Do Do Do.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a B-hand vehicle without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each sentence of imprisonment;

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 (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession, reflectivity, and the fact that there is no record of committing a crime exceeding the fine, etc. committed by a person who has been sentenced to punishment several times due to driving of alcohol or driving without a license, etc., and other favorable circumstances such as the fact that there is no record of committing a crime: The sentence shall be determined as per the disposition of imprisonment with prison labor for not less than six months, a stay of execution for not less than two years

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