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(영문) 인천지방법원 2014.11.26 2014고단5841

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 18:00 on April 21, 2014, the Defendant was driving a car without obtaining a driver’s license in a section of about 600 meters from the non-exclusive road number of Nam-gu Incheon Metropolitan City, Nam-gu to the 616-85 front roads, Nam-gu, Incheon Metropolitan City.

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

The Defendant was driving the said car that was not covered by mandatory insurance on the road 616-85, the Gyeong-dong 616-85, the Gyeong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines for each crime;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order include: (a) the Defendant committed the instant crime during the period of repeated crime according to the same crime; (b) but is against community service, etc.; (c) the Defendant’s negligence at the time of the instant crime cannot be deemed as the main grounds for the occurrence of an accident; and (d) other various factors for sentencing, including the Defendant’