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(영문) 인천지방법원 부천지원 2016.09.09 2016고단1564
도로교통법위반(무면허운전)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 23, 2016, at around 13:30 on May 23, 2016, the Defendant driven a B observer car not covered by mandatory insurance without obtaining a driver's license from around 500 meters from the Do office in front of the Do office located in the agricultural city of Kimpo-si to the shooting distance in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 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 sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order had the record of having been sentenced to a fine on July 2015, 2016 due to driving without a license by the Defendant, and the record of having been sentenced to a fine on July 201, 201, 2014, and 2016 due to the operation of a vehicle with no mandatory insurance (the Defendant, who was unaware of having been subject to criminal punishment due to a non- mandatory insurance, was driving without a license due to an inevitable reason.

Although there is a change in the above records, it is difficult to believe that it was committed on April 2016, and even if the Defendant was punished on the same offense as the instant case, the Defendant again committed the instant crime without any reflect on the punishment of a fine on July 2016 (the Defendant’s age, occupation, and circumstances before and after the instant crime), and other conditions of all the sentencing indicated in the records, such as the Defendant’s age, occupation, and circumstances before and after the instant crime, shall be determined by

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