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(영문) 의정부지방법원 2016.09.22 2016고정1425
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On April 26, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a CA110-wheeled vehicle from the D restaurant located in Yangju-si C without a motor engine bicycle license to the road in front of an association 231-572 in the same area from the D restaurant located in Yangju-si C without a motor engine bicycle license.

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

Nevertheless, the Defendant driven the Defendant’s Obain, which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into information on non- mandatory insurance, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the Act on the Selection of Punishment, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 186(1) of the Criminal Procedure Act, committed a crime of violating the Road Traffic Act (unlicensed driving) on February 15, 2007, a fine of KRW 1 million is imposed, and a fine of KRW 2.5 million on July 19, 2007, etc., the punishment prescribed in the summary order cannot be deemed to be excessive.

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