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(영문) 수원지방법원 2017.12.12 2017고단5236

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On July 27, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a CMFW car without a driver’s license in the section of approximately 1km from the roads near the two mountain hub apartment located in the Dong-dong of Yongsan-si on the upper roads of the same road to the front roads of about 113 roads of the 1km village apartment in the same road on the upper roads of the same road.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of CA car.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of the disposition of driver's license suspension, a mandatory insurance inquiry, a tea inquiry, and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes on vehicle photographing photographs;

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 a non-mandatory motor vehicle);

1. Selection of a selective fine for punishment [the following circumstances are considered: (a) the defendant has been sentenced to a fine in depth and reflects on the crime of this case; (b) personal and material damage has not occurred due to the crime of this case; (c) the defendant has no record of criminal punishment exceeding the fine; and (d) the defendant has been sentenced to a fine in advance of 2008; (c) on the other hand, the defendant has been sentenced to a fine in three times due to a violation of the Road Traffic Act (unlicensed Driving) and a violation of

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of each crime is aggregated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;