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(영문) 수원지방법원 성남지원 2019.10.30 2019고단2107

도로교통법위반(무면허운전)등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 01:30 on July 9, 2019, the Defendant, without a vehicle driver’s license, driven the B Kanp car at approximately KRW 1.3 km from the roads near the Geum-dong-dong, Sungnam-gu, Sungnam-si to the front roads of the Sungnam-si, Sungnam-si, Seoul Special Metropolitan City, without a vehicle driver’s license.

2. The Defendant under the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with C low-speed car.

No person shall operate any vehicle not covered by mandatory insurance.

Nevertheless, the Defendant, like the foregoing paragraph 1, operated a vehicle that was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Photographss of vehicles, the ledger of driver's licenses, making inquiries into the car, and mandatory insurance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 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 selection 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 driving a vehicle owned by the defendant without a driver's license, and the defendant has been sentenced to the crime of this case even three times prior to a fine due to a unauthorized driving.

The defendant continued to own a vehicle without a driver's license, while driving the vehicle in the investigative agency while driving the vehicle in front of the defendant's office. In light of the contents and attitude of the statement, it seems that the defendant continued to drive the vehicle without a driver's license and the defendant's compliance consciousness is weak.

However, as to the instant case.