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(영문) 수원지방법원 평택지원 2017.05.18 2017고정212
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A. On March 12, 2016, the Defendant, at around 15:40, driven a car owned by him/her without a driver’s license, from around 16:10 to around 16:10 on the day before the entrance of 3rd apartment complexes of Pyeongtaek-dong LH, Pyeongtaek-dong, Pyeongtaek-dong, to the road front of the 16:10-day port of Pyeongtaek-dong, Pyeongtaek-dong, Pyeongtaek-dong, the Defendant driven a car without a driver’s license.

B. Although the Defendant was aware of the fact that he was prohibited from operating a motor vehicle not covered by mandatory insurance on the road, the Defendant, at around 15:40 on March 12, 2016, operated a passenger car owned by himself, who did not have a approximately 2 km section from the entrance road of Pyeongtaek-dong LH apartment at around 15:40 on the same day before the entrance of the three complex of Pyeongtaek-dong LH apartment at around 16:10 on March 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's license, inquiry into mandatory insurance, and investigation report (applicable to the fact that the suspect operates roads during the period of no mandatory insurance);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (Unlicensed Driving, Selection of Fine), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (Selection of Fine) of the same Act concerning the operation of automobiles which are not mandatory insurance and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for 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;

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