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(영문) 대전지방법원 홍성지원 2020.04.20 2020고정48

자동차손해배상보장법위반등

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 25, 2019, at around 15:30, the Defendant driven a 5km-distance from the front of the Republic of Korea, Chungcheongnam-si, Chungcheongnam-si, B to the front side of the Eup located in the same west-si, Chungcheongnam-si, the Defendant, without a motorcycle driver’s license, who did not purchase mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a sentence, 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. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a case in which the defendant driven a motor vehicle without a driver's license and thereby commits the crime of this case even though he had the past record of punishment for driving without a driver's license, etc., the crime of this case is not good.

However, in full view of the fact that the defendant recognized the crime of this case, it is difficult for the defendant to be economically under the economic circumstances, the health of the defendant is not good, and other various sentencing conditions such as the background of the crime of this case, the age and character of the defendant, etc., the punishment as ordered