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(영문) 인천지방법원 2018.03.28 2017고단9296
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

around 11:45 on November 14, 2017, the Defendant operated a two-wheeled automobile without registration that was not covered by mandatory insurance on the front road of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, with no driver's license for a motor vehicle.

The defendant was indicted on December 27, 2017 by violating the Road Traffic Act (unlicensed Driving) at the Incheon District Court on December 27, 2017 and is currently pending in the trial of the first instance court.

[2] On February 6, 2018, at around 09:00, the Defendant operated a two-wheeled automobile without a mandatory insurance without a motor vehicle driver’s license on the front road located in Gyeyang-gu Incheon Gyeyang-gu, Incheon., the Defendant operated a two-wheeled automobile.

Summary of Evidence

[2017 Highest 9296]

1. Statement by the defendant in court;

1. A driver's license ledger;

1. A two-wheeled motor vehicle photograph;

1. Investigation report (2018 high group 1126);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as the place of criminal offense, report on investigation results, and ledger of vehicle driving licenses;

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, which apply to the facts constituting an offense;

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

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a situation unfavorable to the Defendant, where the Defendant driven a two-wheeled automobile without a driver’s license, which is a two-wheeled vehicle that is not covered by mandatory insurance, and the quality of the crime is not weak, and the Defendant’s repeated driving without a license, etc. without being aware of the fact that the trial is pending due to the crackdown on the preceding case.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects it, the defendant's economic situation seems to be difficult, and it is hard to say that he will not drive without a license, etc., is favorable to the defendant.

. The above.

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