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(영문) 광주지방법원 2017.11.30 2017고정1621
도로교통법위반(무면허운전)등
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (unlicensed Driving) is a driver without registration of 100cc c.

On August 18, 2017, at around 10:50, the Defendant driven the 1 Km distance from the front of Gwangju Northern-gu, Gwangju Northern-gu, through the flow of cultural cattle in Gwangju North-gu, and driven the 1 Km distance from the front of Gwangju Northern-gu, 251, to the front road of Gwangju North-gu, 81-1, 300,000, without a motor device.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance, operated approximately KRW 1 Km section at the same time and place as “1” in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Electronic data (jarry inquiry, inquiry into mandatory insurance, and inquiry into residents);

1. Application of the Acts and subordinate statutes to notify the detection of an accident site photograph or unregistered soil contamination;

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. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the custody of the workhouses, the punishment is determined as ordered by comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The Defendant suffered from a traffic accident at the time of the instant case, and there are difficulties in maintaining its livelihood at present.

D. Unfavorable circumstances: The crime is not good in light of the legislative intent of the relevant laws and regulations to protect the victims by establishing a compensation guarantee system for damages caused by the safety of road traffic and the operation of automobiles.

The defendant has been punished several times for the same crime.

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