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(영문) 부산지방법원 동부지원 2018.10.18 2018고단1410
도로교통법위반(무면허운전)등
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. The defendant is a person who drives a vehicle with a studio without a license in 125 cc.

On February 13, 2018, the Defendant driven at a distance of 1.5 km from the Western to the front of the Yeongdeungpo-gu pharmacy located in the same Dong without a motor engine bicycle driver's license.

2. While a person who violates the Guarantee of Automobile Compensation Act does not drive a vehicle that is not covered by mandatory insurance, the Defendant operated a distance of 1.5 km from the front of the Seocho-gu pharmacy in the same area from the day of the return to the Busan Shipping Daegu-dong, even though the Defendant holding no number plate at 125 m3 m3 of the Defendant’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses, the report of traffic accidents, and the application of Acts and subordinate statutes on the occurrence of traffic accidents;

1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act (the occupation of a license for driving a bicycle without motor device) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating an automobile with no mandatory insurance), and the selection of a fine;

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 on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an unfavorable circumstance, where a person drives otobane in an uninsurance state, and the nature of the crime is not good.

However, it is favorable for the Defendant to recognize the facts charged and seriously reflect the facts charged, and the crime of this case is due to the operation of Obane with relatively low risk, and the Defendant has no record of criminal punishment prior to the instant case.

In addition, the sentencing conditions in the trial process of this case, such as the defendant's age, sex, environment, means and result of the crime, etc., are integrated.

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