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(영문) 춘천지방법원 2018.01.31 2017고단1269

도로교통법위반(무면허운전)등

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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 28, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a B-wing and three-dimensional truck without a driver’s license, from around about 500 meters in front of the house in front of the road in which the happiness in 36 to the 36th of the same speed is to be driven from the road in front of the modern energy in front of the bus terminals located in Chuncheon-ro 2341, Chuncheon-si, Chuncheon-si.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is the owner of the Bwing and III Work Work Tracking.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said automobile which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the circumstances of non-licensed driving, vehicle photographs of suspects driving vehicles, driver's license (4 times a month), inquiry into the tea, inquiry into mandatory insurance (final subscription), inquiry into medical insurance (after the final subscription), and application of Acts and subordinate statutes to the mandatory insurance (the date of detection of this case);

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 Act on the Selection of Punishment, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the occupation of operating a motor vehicle which has not mandatory insurance and the selection of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant was punished for violation of the Road Traffic Act, which is a similar criminal act in 2005, 2007, 2012, and 2016, and the Defendant driven a vehicle owned by the Defendant in the name of the company that was already closed without a driver’s license, and the Defendant was under the influence of driving.