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(영문) 수원지방법원 2017.10.31 2016고단7155
도로교통법위반(무면허운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 16, 2016, the Defendant was driving a motor vehicle without obtaining a driver’s license in approximately 8 km section from the front of the wife population to the front of the elementary school, which is located in the front of the 8 km-si (unlicensed Driving) of the Road Traffic Act, around 16:50 on November 16, 2016.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which has not purchased mandatory insurance;

Nevertheless, at around 16:50 on November 04, 2016, the Defendant operated a rocketing car without mandatory insurance from around 8 km to the front road of the end of the blance which was located in the zone of the Do in front of the wife population, from the Do in front of the head of the Simn-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the aggregate of the amounts of the above two crimes) provided for in the crime of violating the Guarantee of Compensation for Motor Vehicles, the punishment of which is heavier;

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

1. Each of the crimes in this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is the case where the defendant drives a motor vehicle without a driver's license and the nature of the crime is not good. The defendant has been punished three times for the same traffic crime including the crime of violating the Road Traffic Act (unlicensed driving). In particular, on October 14, 2016, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), which was sentenced to a suspended sentence of one year, and is still under a suspended sentence of one year.

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