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(영문) 수원지방법원 안산지원 2020.02.13 2019고단4624
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 09:50 on December 5, 2019, the Defendant, without a driver’s license, driven a DNA cargo vehicle from around 2 km to the front road of the Gyeonggi-si without a driver’s license, from around 09:50 to around C in the light of the game.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated D Poter cargo vehicles which were not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

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, Article 152 (1) and Article 43 of the Road Traffic Act, and the selection of fines, respectively;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize the defendant's mistake, and the defendant commits the crime of this case during the period of probation due to the violation of the Road Traffic Act, and other various sentencing conditions such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime shall be determined as the order.

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