beta
(영문) 수원지방법원 2016.02.18 2015고정3358

자동차손해배상보장법위반등

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

The Defendant is a driver of a two-wheeled vehicle with a 150CC unregistered launch.

On October 1, 2015, the Defendant driven a two-wheeled vehicle without a two-class small driver's license, after the D Hospital located in 08:20 on 1, 2015 and without a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Investigation report (only with respect to the telephone conversations, etc. with a vehicle seller when a person under consideration drives a vehicle) and the application of the Acts and subordinate statutes of the contract for trading with wheels;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (in the case of operating a motor vehicle with no mandatory insurance), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of 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 for the order of provisional payment include: (a) the Defendant acknowledges and reflects his mistake; (b) the Defendant has no record of criminal punishment other than the suspension of indictment for this kind; (c) the Defendant lives as a recipient of a basic pension at the age of the aged; and (d) the fact that it appears that the instant two-wheeled vehicle is no longer operated, part of the amount of fine prescribed by the summary Order shall be reduced to determine the punishment as ordered.