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(영문) 대전지방법원 천안지원 2018.06.07 2018고단842

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant owned a new franchise XG car, and operated the said car without obtaining a driver’s license on February 14, 2018, where approximately KRW 70 km from the Defendant’s house located in the north-gu, Seoan-gu, Seoan City to the front day of the water zone D., the Defendant was driving the said car without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Mandatory insurance certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting the crime, Article 46 (2) 2, the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the selection of fines, respectively;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has already been punished by a fine or a juvenile protection disposition due to driving without a license over several occasions, and again commits the instant crime. However, the Defendant’s mistake is against the Defendant, and the Defendant’s age, sex, motive and means of the commission of the crime, and circumstances after the commission of the crime, etc. are considered as follows.