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(영문) 대전지방법원 천안지원 2017.02.16 2016고정745

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On June 2, 2016, a person violating the Road Traffic Act (unlicensed driving) has to drive a vehicle after obtaining a lawful license to drive the vehicle, but the Defendant, at around 08:10 on June 2, 2016, driven a D-wing and freight vehicle without obtaining a driver’s license from the road in front of the south-gu, Southern-gu, Dong-gu, Seoul to 10-26,000,000,000 from the road in front of the school affairs of the south-gu.

2. The Defendant violated the Guarantee of Automobile Compensation Act, who owns a D-wing and freight vehicle, was prohibited from operating the said vehicle on the road, despite that the Defendant was prohibited from operating the vehicle on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E;

1. Entry of the report;

1. Statement and image of the actual condition survey report and field map;

1. Entry into the ledger of driver's licenses and mandatory insurance inquiries;

1. Application of video Acts and subordinate statutes to images of an accident scene;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (Unlicensed Driving, Selection of Fine), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (Selection of Fine) of the same Act concerning the operation of automobiles which are not mandatory insurance and the selection of fines);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following facts: (a) traffic accidents have occurred while the Defendant operated a vehicle which was not covered by mandatory insurance and drive without a license (the victim E is not subject to punishment); (b) the Defendant was subject to a fine twice due to drinking; (c) there was no record of criminal punishment exceeding a fine; and (d) there was no record of criminal records after around 2010; and (c) the Defendant is aged and is against the Defendant’s age, sexual behavior, environment, etc.