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(영문) 대전지방법원 2018.06.27 2018고단609
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. On January 30, 2018, the Defendant: (a) driven a 21 ton cargo vehicle of Cpoter without a driver’s license in the section of approximately 5 km in front of the road front of the entrance of an office building near the Ne-distance in the vicinity of Daejeon Pung-dong, Daejeon Pungdong, from the front of the site of the construction of an office near the Ne-distance, to the front of the road 52km in the direction of the virtue of the branch line of the Nengnam-dong Highway; (b) around 10:10,01

2. No owner of any motor vehicle which violates the Guarantee of Automobile Compensation for Loss, shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant operated the freight vehicles as stated in the preceding paragraph, which were not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of regulations, reports on the situation of driving without obtaining a license, ledger of driver's license, inquiry into the chassis, and inquiries into respective mandatory insurance statutes;

1. Relevant criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8, and the 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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has several times the criminal records of punishment for the same crime committed against the defendant, and it is not very good that the crime is committed in that the defendant has been sentenced to imprisonment for six months on March 22, 2017 for a violation of the Road Traffic Act (unlicensed Driving) and driving a vehicle not insured during the grace period for two years, and driving a vehicle without a license during the grace period.

However, it shall be sentenced to a fine as ordered in consideration of the favorable circumstances, such as the fact that there are circumstances to consider the operating circumstances, the fact that the vehicle was disposed of, the fact that the vehicle was supported by the mistake, the fact that the elderly, the wife, and the children

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