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(영문) 창원지방법원 2017.06.30 2017고단1036
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

1. On March 20, 2017, the Defendant driving a motor device in a section of about 100 meters from the front of the Defendant’s residence in the Jinhae-si, Changwon-si, Jinwon-si, to the front road in the same Gu C, without obtaining a motor device driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is almost a holder of the EAL125 motor device.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile 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. The criminal place;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, mandatory insurance inquiry, and next inquiry;

1. Relevant Article 154 subparagraph 2 of the Act, Article 154 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Fines) concerning facts constituting an offense, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance, the selection of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant already committed a second offense without being aware of the fact that he had been subject to eight times or more due to a licenseless driving.

In particular, even though the defendant is under the suspension of the execution of imprisonment with prison labor for non-licensed driving, he/she is continuously driving the same otoba without a license.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The danger of the vehicle operated by the defendant is relatively low compared to the general vehicle, and it leads to the actual accident.

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