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(영문) 서울북부지방법원 2018.06.14 2018고단1377
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 6, 2018, the Defendant was sentenced to one year to a suspended sentence of six months for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on April 14, 2018.

[Criminal Facts]

1. On March 6, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a BM5 car from the distance of approximately 1 kilometer to the road near Samsung C&T apartment located in Samsung 7 in the Gang-si, Gyeonggi-do, which is located in the 65 circ circulation of damages within the city of king-si, Gyeonggi-do, without obtaining a driver’s license on March 11, 2018.

2. On March 6, 2018, the Defendant violated the Guarantee of Automobile Compensation Act: (a) around 11:05, the Defendant operated a BM5 car, which was not mandatory insurance at a distance of approximately one kilometer from the date before the South Korean church located in the 65th Yang-si, Gyeonggi-do, to the road adjacent to Samsung B&T apartment located in the 7th Y-si, Y-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. On-site photographs;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8 (Operation of Vehicles which are not Mandatory Insurance) of the same Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has been two times or more, the Defendant’s act of committing the instant crime shall be subject to criticism.

The Defendant driven the instant vehicle in order to pay the insurance premium for the vehicle.

One of the arguments is that such a circumstance does not make the defendant be subject to the liability of the defendant.

On the other hand, the defendant.

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