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(영문) 부산지방법원 동부지원 2018.06.07 2018고단459
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who drives a bandon vehicle in Cand III.

1. On October 31, 2017, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving of a vehicle C-wing and C-sized without a driver’s license, with a section of about 2 km from the main apartment in Busan Shipping Daegu return-dong to the road front of the same return gas station.

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

Nevertheless, the defendant did not purchase mandatory insurance at approximately 2 km sections at the same time and place as the preceding paragraph and possessed and operated the above vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) (2) On-site survey reports, driving license registers, and mandatory insurance inquiries;

1. Application of previous convictions and statutes

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), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines;

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. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is committed without a license or without insurance, and the nature of the crime is not good, and the defendant can have the power to be punished for driving without a license, and in particular, commits the crime of this case during the period of repeated crime due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles).

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] -.

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