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(영문) 대전지방법원 2018.11.30 2018고정1040

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On May 2, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving on May 2, 2018, at around 21:05, a driver without a motor device license in the section of approximately 2 km from the front side of the farmers' cryp in Changdong-dong, Daejeon Jung-gu, Daejeon to the front side of the Dong-dong, Daejeon, without obtaining a motor device license.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above unregistered ones without mandatory insurance at the time, place, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to photograph, ledger of license for driving motor vehicles, and information about non-liability insurance;

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 (Unlicensed Driving, Selection of Fine) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (Selection of Fine) of the Guarantee of Automobile Compensation Act;

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

1. Consideration of the fact that the defendant has been punished for the same offense for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and the fact that the defendant has acquired the recent motor driver's license