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(영문) 서울서부지방법원 2018.07.26 2018고정345

도로교통법위반(무면허운전)등

Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

On January 18, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of 1.5 million won in the Seoul Western District Court on January 18, 2018, and the said judgment became final and conclusive on March 23, 2018.

1. On April 15, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Dunch-free car from the 17 km section from the road located in Eunpyeong-gu Seoul, Eunpyeong-si to the front road of the C High School located in Bupyeong-si, Seoul, without a driver’s license, around 14:10 on April 15, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was a person who owns a Dunauthorized car; (b) operated the said car without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and report on the self-gradation of rules;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous records: Application of Acts and subordinate statutes which are bound to the defendant's statement in court and records of public trial;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;