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(영문) 창원지방법원 2016.09.23 2016고단805
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On February 21, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor vehicle B in the section of about 20km in front of the headquarters of the Korea Power Construction Corporation, the new window of the Changwon-si, Jin-si, Seoul Special Metropolitan City on the 11:40 on February 21, 2016, without obtaining a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of the first passenger car in B.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she operated the foregoing motor vehicle which is not covered by mandatory insurance at the location specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the ledger of driver's licenses and the main office;

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

1. The point of driving without obtaining a license for the relevant legal provisions concerning the facts constituting the crime: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on the Guarantee of Automobile Compensation: Article 46 (2) 2 and Article 8 of the Act on the Guarantee of Automobile Compensation;

1. Selection of each alternative fine for punishment;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which was committed by the Defendant at the Changwon District Court on October 26, 2015, is that the Defendant received a summary order of a fine of KRW 2 million for a crime of violating the Road Traffic Act (unlicensed driving) at the Changwon District Court on October 26, 2015, and that the Defendant was sentenced to a fine of two times due to a crime of violating the Road Traffic Act, is the reason for sentencing unfavorable to the Defendant.

However, the sentence like the order is imposed in consideration of the favorable reasons for sentencing, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime.

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