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(영문) 수원지방법원 2017.11.03 2016고단8146
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

[criminal history] On July 5, 2017, the Defendant was sentenced to imprisonment for eight months and a fine of 300,000 won for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Friwon, etc., and the sentence was finalized on July 13, 2017.

[Criminal facts] The Defendant is a person who lacks the ability to discern things or make decisions due to an ambiguous mental disorder caused by brain damage, brain functional disorder, or physical disease.

The defendant is almost a holder of the CL125S motor device.

On November 24, 2016, at around 09:40, the Defendant driven the bicycle without obtaining a motor device license from the section of approximately 1km-ro 369 km-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the 210-gil, the Chang-si, the Chang-si, the 3rd-si, the 3rd-si, the Chang-si, the 3rd-si, the Chang-si, the 3rd-si, the 369-do, and the 1km-si, the Defendant was driving the bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the chassis, the driver's license ledger, and mandatory insurance;

1. Application of statutes on site photographs;

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 (Unlicensed Driving) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (the point of operating the same vehicle as a person who has not mandatory insurance), the selection of fines, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the period of punishment plus the maximum amount of each crime);

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

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant has committed the crime of this case in depth through prison life, and is against himself.

The instant crime did not cause any personal and material damage.

The Defendant committed the instant crime under the mental and physical weakness.

The criminal records in the judgment of the defendant are recorded.

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