도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.
If the defendant does not pay the above fine, 100,000.
Punishment of the crime
1. Around October 17:40 on October 4, 2019, the Defendant violated the Road Traffic Act (free license) driving of a motor vehicle without a driver’s license at a section of about 2 km from the front of the Defendant’s dwelling in the front of the area of the Gu located in Chungcheongnam-gun B to the front of the D Hospital located in C, without a driver’s license.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated Non-registered Daba, which was not covered by mandatory insurance, as stipulated in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Reporting on the occurrence of traffic accidents, field photographs of accidents, the ledger of driver's license for motor vehicles, and the application of Acts and subordinate statutes on traffic accident reporting;
1. Article 154 Subparag. 2 and Article 43 of the former Road Traffic Act (amended by Act No. 16830, Dec. 24, 2019); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 16830, Dec. 24, 201);
1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;
1. Articles 70(1) and 69(2) of the Criminal Act for confinement in a workhouse (applicable to cases where a suspended sentence of imprisonment is invalidated or revoked);
1. The suspended execution of Article 62(1) of the Criminal Act provided that a person has been punished by a fine for the same kind of crime on several occasions with the reason of sentencing, but operates a non-licensed motor vehicle without a mandatory insurance, and thus, the person shall be punished by imprisonment.
However, in consideration of the fact that there is no punishment heavier than a fine so far, the execution of a sentence shall be suspended only once, taking into account the fact that there is no licenseless driving and the circumstances leading to the operation of an unregistered motor vehicle.