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(영문) 서울북부지방법원 2014.08.28 2014고단1257
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On April 27, 2014, the Defendant was driving B cargo at a section of about 100 meters from the front of the Nowon-gu Seoul Special Metropolitan City Nowon-ro 62-ro 41, to the front road of the Nowon-gu Ganwon Motor Vehicle Inspection Station located in Seoul Special Metropolitan City, Nowon-gu, without obtaining a driver’s license on April 27, 2014.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the foregoing cargo vehicle, which was not covered by mandatory insurance at the time and place mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Guarantee of Automobile Accident Compensation Act heavier than punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repeatedly committed the crime of this case at the time when the defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime and at the time when several months elapsed since the decision was rendered, and that the defendant had the record of being sentenced to a fine for the same kind of crime even before the above decision was rendered, under normal circumstances unfavorable to the defendant, such as the confession of all of the crimes of this case, the defendant is against himself/herself while making up for the crime of this case, and the vehicle of this case is deemed to be inevitable for the defendant's livelihood, etc.,

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