logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.08.24 2016고정454
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A On November 27, 2015, the Jeju District Court sentenced on eight months to imprisonment for a violation of road traffic laws (unlicensed driving), etc., and the above judgment became final and conclusive on April 1, 2016, and is a person engaged in driving of C ice vehicles.

A. The Defendant is a person who has not acquired a driver’s license for a motor vehicle.

On August 16, 2015, the Defendant driven, without permission, C ScV vehicles at approximately 100 meters away from the Busan District Gas station in Seopo-si, Seopo-si, Seopo-si, Sungpo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 4505, the south of the road, at least 500 meters away from the south of the road.

(b) No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road unless he/she has subscribed to mandatory insurance, other than those prescribed by Presidential Decree;

Nevertheless, the Defendant operated the said vehicle that was not covered by mandatory insurance, such as the foregoing paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, on-site photographs, and a written statement D;

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Relevant legal provisions and the choice of punishment concerning facts constituting the crime: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (main sentence) of the same Act; Selection of each fine;

1. Concurrent treatment: After Article 37 of the Criminal Act, Article 39 (1);

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances favorable to the reasons for sentencing: the vehicle of accident is scrapped, and the circumstances unfavorable to the concurrent crimes of the latter part of Article 37 of the Criminal Code: A majority of the previous convictions (including five actual sentences and two suspended executions).

arrow