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(영문) 의정부지방법원 2017.10.12 2017고정1805
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a holder and driver of an objection against the 49CC.

1. On May 21, 2017, the Defendant driven the above pentba without a motor device driver’s license, from around approximately 600 meters from the front of the “two apartment houses” road in the Dongwon-dong, Howon-dong, Gyeonggi-do, the Government of Gyeonggi-do to the front of the said “Sababast” road.

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

Nevertheless, the Defendant operated the said vehicle that was not covered by mandatory insurance at the time, place, and place stated in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of an offender;

1. 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, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act, and 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. It is recognized that the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, has been subject to a disposition of suspension of indictment on February 2, 2017, and again committed the instant crime even though he/she was subject to a disposition of suspension of indictment.

On the other hand, however, the defendant is against the time of committing the crime of this case, the current use of scooters for disabled persons seems to have no concern over re-offending, and there is no special criminal punishment other than the previous two times of fine, and other factors such as circumstances before and after the crime, age, environment, etc., shall be considered to determine the punishment as ordered.

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