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(영문) 서울중앙지방법원 2017.04.14 2017고정252
도로교통법위반(무면허운전)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is the driver of the juice 250cc.

1. On November 14:40, 201, the Defendant was driving a two-wheeled vehicle without obtaining a driver’s license on the road from the front of Gwanak-gu in Seoul Special Metropolitan City to the front road near the islands of Han River-ro, Han River-ro, Seoul, without obtaining a driver’s license on the five kilometers from the front of Gwanak-gu in Seoul Special Metropolitan City to the front road near the islands of Han River-ro.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the Badon vehicle which was not covered by mandatory insurance at the date, time, and place under Paragraph 1.

3. The Defendant violated the Road Traffic Act: (a) tried to drive the said two-wheeled vehicle at the time and at a place specified in paragraph (1); (b) discovered the victim’s D Driving E in front of the previous one due to the negligence of neglecting the said four-lane; and (c) received approximately KRW 3,640,400 on the front part of the Defendant’s two-wheeled vehicle and damaged the victim’s repair cost to the extent that there were approximately KRW 3,640,00 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. The register of actual survey reports, chassiss, mandatory insurance inquiries, estimates, and the register of driver's licenses of motor vehicles;

1. Application of statutes on site photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving Point), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, Article 151 of the Road Traffic Act, and selection of fines, respectively;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same crime and has not endeavored to recover the damage of the victim.

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