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(영문) 부산지방법원 2019.10.16 2019고단3551
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 12, 2019, the Defendant was sentenced to six months of imprisonment and two years of suspended execution at the Busan District Court on June 12, 2019, which became final and conclusive on June 20, 2019 and is currently under suspended execution.

【Criminal Facts】

On August 1, 2019, at around 11:00, the Defendant driven a 124CC Macroba, without obtaining a license for a motorcycle from around 3 km section from the front of the Busan Jin-gu, Busan to the front of the Busan Jin-gu, 156 to the Busan Jin-gu, 156.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Photographs of the suspect, driverial wheeled vehicle;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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 three times the criminal defendant was punished for driving without a license, and the records of punishment for operating a vehicle without mandatory insurance are considered to require heavy punishment in light of the circumstances of recidivism during the suspension of execution due to the same crime.

However, in light of all the circumstances that serve as the condition for the sentencing of the instant case, such as the fact that the Defendant reflects his mistake, and that the statutory penalty for driving a motorcycle without license is a fine not exceeding 300,000 won, a penal detention, or a traffic accident in the course of driving a license without license, etc., the Defendant shall be punished by a fine for

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