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(영문) 의정부지방법원 2020.06.11 2019고정1833

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by a fine of 600,000 won.

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

Reasons

Punishment of the crime

1. On October 2, 2019, at around 13:58, the Defendant: (a) driven a 5km section from the front of the Defendant’s residence to the front of the road before the Macheon-si, Macheon-si; (b) without the license to drive a 5km section from the front of the Defendant’s residence; and (c) without the license to drive a 5km motor bicycle.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though the person who operates an automobile at the time, time, and section stipulated in the above paragraph (1) did not subscribe to mandatory insurance, and operated a unregistered A-FOUR 50c motor bicycle.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of operation without a license;

1. Photographs;

1. Registers of driver's licenses;

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

1. Article 154 Subparag. 2 and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16830, Dec. 24, 2019); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; selection of fines for each crime;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant supports the old mother and seems to have difficulty in economic conditions, etc., which are favorable to the defendant.

However, considering the fact that the defendant has been subject to criminal punishment several times, and in particular, the defendant did not know about being sentenced to a fine of KRW 500,000 due to the same violation of the Road Traffic Act (unlicensed Driving) and the violation of the Guarantee of Automobile Accident Compensation Act in 2017 and committed the crime of this case, it is deemed that the punishment of a summary order against the defendant is not excessive.

The age, occupation, character and conduct, environment, family relationship, circumstances of the crime, and after the crime is committed.