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(영문) 의정부지방법원 2018.04.27 2017고단5650
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for six months and a fine of thirty million won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 26, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driven a bicycle without obtaining a motor device driver’s license, with a motor device driving license, from 12 Do-ro, Namyang-si, Namyang-ro, 97 Do-ro, Namyang-si, Namyang-si, 200 meters away from 12 Do-ro, Namyang-si, Namyang-si, 210 Do-do to 210 Do-dong, without a number plate.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the motor device bicycle on the road, which is a two-wheeled automobile not covered by mandatory insurance, at the time, location, and place of the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection and report on the situation of driving without a license;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2, Article 8 of the Guarantee of Compensation for Damages Caused by the Selection of Motor Vehicle, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Fine)

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend, is to operate a motor device bicycle on the road without obtaining a driver's license and not covered by mandatory insurance.

The Defendant committed the instant crime on March 25, 2016; on September 5, 2016; and on November 28, 2016, even though he/she had been punished due to a non-licensed driving or a violation of the Guarantee of Automobile Compensation Act on November 28, 2016. However, the Defendant committed the instant crime continuously and repeatedly. As such, it is necessary to punish him/her with heavy punishment.

However, the defendant recognizes all of the crimes of this case and reflects them.

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