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(영문) 서울북부지방법원 2015.10.15 2015고단2368

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a holder of Oralaba.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, around 10:15 on April 23, 2015, the Defendant operated the above Obaba, which was not covered by mandatory insurance from approximately 2 km section to the front road of the Seongbuk-gu Seoul Seongbuk-gu Traffic Information Center of the Seongbuk-gu Police Station located in 68, Seongbuk-gu, Seongbuk-gu, Seoul.

2. The Defendant, without obtaining a driver’s license, driven a driver’s license in paragraph 1 at the date, time, and place.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on the Provisional Payment Order has a record of being punished more than 16 times due to driving without a license, and even if there was a record of being punished once due to a violation of the Guarantee of Automobile Accident Compensation Act, the crime of this case

However, the fact that the defendant recognized the mistake in this case, there is no criminal history exceeding the fine for the defendant, and the defendant drives Oral Seas under the state of unauthorized License. As such, the statutory penalty for it is a fine not exceeding 300,000 won or penal detention, and other factors of sentencing prescribed by Article 51 of the Criminal Act, such as the circumstances leading to the crime in this case, circumstances after the crime, the defendant's age, character and conduct, environment, occupation, etc., shall be comprehensively considered.