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(영문) 대구지방법원 상주지원 2017.08.08 2017고단251
자동차손해배상보장법위반등
Text

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

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

Reasons

Punishment of the crime

1. On June 1, 201, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving B, without a motor device driver's license, from the front of the Red Cross Hospital located in the upper and upper door of 53, 10:01, to the front of the king 121, 121, the same Sinsan-ro, king-ro, from the front of the Korean Red Cross Hospital to the front road of the king 1,01.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, driving the above Oral Ba, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, tea inquiry, and mandatory insurance;

1. Relevant Article 154 subparagraph 2 of the Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Fines) concerning facts constituting an offense, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the fact that the mandatory insurance is not mandatory driving, the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

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

1. The Defendant, on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, driven an erroneous bat which was not covered by mandatory insurance in a state of license, because he was unable to do so during the period of probation.

In 2012, the defendant has been punished for committing an offense, such as non-licensed driving, even though he or she was punished.

The above points are disadvantageous to the defendant.

The defendant is recognized as committing a crime and is against the law.

In the case of a crime of the same kind in around 2012, the driver was to drive the cargo, but this case was to drive the stoba.

On the other hand, crimes, which are criminal records of probation, are crimes of different types.

In this case, traffic accidents, etc. do not occur separately.

Since 200, crimes related to driving have been committed before and after the year 201.

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