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(영문) 전주지방법원 2018.04.25 2018고단193
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On December 18, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a coo motor vehicle into C without obtaining a driver’s license from the front of the golf gate located in the 2nd Sung-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, in the direction of about 5km to the front of the Gyeong-gu, Seocheon-gu.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a cuss car without mandatory insurance at the time and place specified in paragraph (1).

3. Any person who has acquired a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer with the Mayor/Do Governor;

Nevertheless, on July 2015, the Defendant did not apply for the registration of transfer of ownership of a motor vehicle without justifiable grounds, even though he/she acquired a cub motor vehicle from E in the E’s residence located in the North west-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Inquiry into mandatory insurance, the ledger of driver's licenses for motor vehicles, and making inquiries into the motor vehicle register;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving point), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the operation of an automobile which is not mandatory insurance), Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the occupation of an application for non-registration of ownership transfer), 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act has the record of being punished several times for the same crime, and the crime of this case was committed at the same time during the suspension period, and the act of running a vehicle not covered by mandatory insurance is difficult to protect the victim when a traffic accident occurs. Thus, the defendant's person is guilty.

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