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(영문) 의정부지방법원 2018.12.18 2018고단4637
도로교통법위반(무면허운전)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has a low-class passenger car in B.

On September 7, 2018, the Defendant: (a) operated a motor vehicle that was not covered by mandatory insurance without obtaining a driver’s license, from around 131 km to around 457 on the road near the Gu Public Health Center, which was located in the Gu Public Health Center at the time of the Government around 08:45 on September 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to tea inquiry, etc. (including mandatory insurance inquiries and the ledger of driver's licenses);

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (Conduct of Operation of Motor Vehicles which are not Mandatory Insurance) and the selection of fines, respectively;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant has driven the instant non-insurance vehicle without permission during the suspended execution period due to drinking driving.

However, the punishment shall be determined by selecting a fine in consideration of the fact that the risk of driving without a license is relatively low for the previous crime of driving under the suspension of execution, the defendant has no previous driver's license and reflects his/her reflect.

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