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(영문) 서울동부지방법원 2017.05.16 2017고정337
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a bicycle rider who has no number plate 124cc business strawle straw.

1. On October 13, 2016, the Defendant violated the Road Traffic Act (non-licenseless Driving) operated the motor bicycle from the road near the dry-distance in Gwangjin-gu Seoul Special Metropolitan City to the front road of the Children's Center located in the same Gu, 441, without obtaining a license for a bicycle for a motor device of light on October 13, 2016.

2. The Defendant, in violation of the Guarantee of Automobile Compensation Act, driven the bicycle on the road, which did not purchase mandatory insurance, at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a statement on the occurrence of a traffic accident;

1. Notification of detection of an unreported wheeled vehicle;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 (main sentence) 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. In full view of all the circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence as set forth in the instant argument is determined as ordered, comprehensively taking account of the following: (a) the Defendant’s history of criminal punishment due to driving without a license was three times (one time in 2013, and two times in 2014) for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the Defendant again committed the same kind of crime; and (c) the Defendant recognizes and reflects the instant crime; and (d) the Defendant is committing the instant crime.

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