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(영문) 대전지방법원 2019.08.23 2019고단2281
자동차손해배상보장법위반등
Text

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

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

Reasons

Punishment of the crime

1. On April 16, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at approximately 150 meters from the J-Road located in Seo-gu Daejeon Special Metropolitan City, Seo-gu, Seo-gu to the Lrd Road located in K without obtaining a driver’s license.

2. The Defendant violating the Guarantee of Automobile Compensation and Indemnity Act is a holder of Daelim Crat Ba, and a motor vehicle owner shall not operate a motor vehicle without mandatory insurance.

Nevertheless, the defendant operated the above Oral Ba, which was not covered by mandatory insurance, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. Registers of driver's licenses;

1. Application of J CCTV video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, the selection of fines, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On January 29, 2019, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to a suspended sentence of two years for six months of imprisonment for the same crime in the branch court of the Daejeon District Court. It seems that the Defendant committed the instant crime in the course of the appellate trial.

Provided, That the punishment shall be determined in consideration of the driving of a motorcycle, the possibility of consolidation with the above appellate trial, etc.

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