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(영문) 춘천지방법원 강릉지원 2017.11.16 2017고단1053
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. On August 17, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed driving) driving, driven an automobile-to-land surface without a number plate from the section of about 1 km from the front of the Gangseo-si to the front of the D road without obtaining a license for a bicycle for a motor device at around 12:21, 2017.

2. No person who violates the Guarantee of Automobile Compensation for Loss shall operate any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. On-site photographs;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about non-insurance operational information;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act was under the unfavorable condition that the defendant driven the instant non-insurance vehicle with no license during the period of the same suspended execution, the defendant will select a fine only once, taking into comprehensive account the Defendant’s deep reflectiveness, the fact that the defendant disposed of Otoba, the fact that the defendant is with a physical disability 2, the defendant’s family relationship, health status, environment, etc., and determine the sentence

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