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(영문) 서울동부지방법원 2021.01.22 2020고단3443

도로교통법위반(무면허운전)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around September 14, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on September 14, 202, the Defendant driven C-wheeled Vehicle (124C) at a section of about 1 km from the distance near the history distance to the roads near the Dong-dong, Songpa-gu, Seoul, without obtaining a bicycle driver's license.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle, etc. which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant operated a two-wheeled vehicle as stated in Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. The Defendant’s legal statement each investigation report (the filing of the details of the revocation of A driver’s license, whether the Defendant was not obliged to pay any mandatory insurance) on driving without any license, the details of the revocation of driver’s license, the details of inquiries about the screen regarding the notification of mandatory insurance, the ledger of driver’s license

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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 include the fact that the defendant was punished for the same kind of crime, the fact that his mistake is recognized and reflected, and the method and method of the crime in this case, the age, sex, environment, circumstances of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as set forth in the text shall be determined as per Disposition, by comprehensively taking into account all the sentencing conditions specified in the arguments in this case, such as the method and method of