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(영문) 광주지방법원 2018.03.20 2017고단5550

도로교통법위반등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On December 1, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a BVL 125cc Orala without obtaining a motor device bicycle license from around 11:40 on December 1, 2017, and driving a road in front of the “D cafeteria” located in Gwangju Northern-gu C, with the front of the “D cafeteria” as the front of the BVL 125cc studio.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the defendant operated the BVL125cc Orala which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Fine) of the Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;

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

(a) Unfavorable conditions: The person recommits the instant crime even though he/she was already punished on account of driving without a license;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, circumstances before and after the instant crime, and other factors of sentencing as stipulated in Article 51 of the Criminal Act, were considered.

Rejection of Public Prosecution

1. The Defendant charged with violating the Road Traffic Act: BVL 125C.