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(영문) 수원지방법원 평택지원 2016.05.26 2016고단429

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 28, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a BKan-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

2. The Defendant is a holder of BKan-Pack vehicle compensation guarantee.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance at the date, time, place, etc. of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

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

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Determination on the application of sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment: consideration of all circumstances, such as the fact that the defendant has a family member to support, although it is not subject to the application of the sentencing guidelines for O repeated crime period;