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(영문) 창원지방법원 2016.10.25 2016고단2657

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 30, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 11:12, 201, the Defendant driven D straw freight at about 1km from the front of the house of the Defendant located in Kimhae-si B to the front of the C village without obtaining a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the above cargo vehicle.

Despite the fact that a motor vehicle which is not covered by mandatory insurance should not be operated on the road, the defendant operated the above cargo vehicle which is not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act;

1. Registers of driver's licenses;

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

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

1. Selection of each alternative fine for punishment;

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

1. Comprehensively taking into account the details and distance of the driving of the reasons for sentencing, criminal records, physical state, and reflective nature of the reasons for sentencing in Articles 70(1) and 69(2) of the Criminal Act, the same sentence as the order was determined.