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(영문) 서울북부지방법원 2015.08.27 2015고단2100

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 12:00 on May 23, 2015, the Defendant driving a motor vehicle in the Spact-type B without obtaining a driver’s license in the section of about 2 km from around 12:20 meters to the front road of the Dowing Station in Dobong-gu Seoul, Dobong-gu, Seoul, to the Dowing Station.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile which has not been subscribed for a mandatory insurance;

Nevertheless, the Defendant operated the car under the above Paragraph 1 without purchasing mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 15 million won;

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. On October 30, 2014, the Defendant, at the Seoul Northern District Court, sentenced one year of suspended sentence to six months of imprisonment for a crime of violation of the Road Traffic Act (unlicensed Driving) at the Seoul Northern District Court on June 7, 2014, which became final and conclusive on November 7, 2014, was under the suspension period of the execution of the same crime at the time of the instant crime, and in addition, the fact that the Defendant was punished for the crime of violation of the Road Traffic Act six times or more is disadvantageous to the Defendant, or that the Defendant is deeply divided into and against his own crime, and the Defendant was causing the instant crime.