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(영문) 제주지방법원 2017.01.16 2016고단2782

자동차손해배상보장법위반등

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A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 3, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving 49cc. without a motor device license in approximately 1.1km section from Jeju-si, Jeju-si, Jeju-do, 514, but from the Do adjacent to the center of the Roman to the Hahbuk-ro 621, the Defendant driven 49cc. Obane without a motor device license in approximately 1.1km.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above unregistered divers that was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Criminal land (unlicensed driving) and control photographs;

1. The driver's license ledger (no license is granted);

1. Official announcements for notification to persons in violation of the Automobile Management Act (free registered earth and rocks);

1. Application of Acts and subordinate statutes to a report on investigation (verification of suspect driving distance);

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of a license for the driver's license for the bicycle riding), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (the point of operating an automobile with which the mandatory insurance is not mandatory insurance, and the choice of imprisonment);

1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

Conditions unfavorable to the reasons for sentencing: Two times before and after the same offense ( ① a fine of KRW 4 million with the Jeju District Court on July 11, 2016, and ② a fine of KRW 6 million with the Jeju District Court on September 2, 2016, such as a crime of violating the Road Traffic Act (driving) on September 2, 2016)