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(영문) 창원지방법원 2018.07.19 2018고단536
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

On February 15, 2018, around 04:00, the Defendant driven a B rocketing car that was not covered by mandatory insurance without obtaining a driver's license, from around 11 to the front road of the Public Corporation Center located at approximately 4 km, which is located at approximately 13 mp. 3, the bicycle paths of the city-si Ma-ro Madro 21, Sungwon-si, Sungwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

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 without mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The fact that the instant crime was committed again because of the circumstances unfavorable to the Defendant, including the fact that there were a number of criminal records of the same kind with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and that three months have not passed since the release of the Defendant, etc., but the fact that the instant crime was committed again is unfavorable to the Defendant, or that there are circumstances to take into account the circumstances that led to the driving of the Defendant.

Other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered in consideration of the sentence.

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