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(영문) 의정부지방법원 2017.05.11 2017고정207
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person whose driver’s license was revoked on July 26, 2014.

1. On March 13, 2016, the Defendant driving a 1 km road on the front of the apartment building of the 7-gil-ro, Jin-si, Jin-si, the Government-si, on March 13, 2016, in front of the apartment road of the same city, on the road of the 27-ro, “Yin-si, Yin-si,” without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated a BN cushion vehicle that was not covered by the mandatory automobile insurance at the same time and place as the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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), Article 46 (2), Article 8 of the Guarantee of Automobile Damage Compensation 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) the accused recognizes all the criminal facts of the instant case and reflects his mistake; (b) the accused has dependents; and (c) the economic situation seems to have been extinguished by a separate case; and (d) it seems that the subsequent decision for impeachment is not made for the following reasons, etc., which are favorable to the accused.

However, each of the crimes of this case where the defendant operated a motor vehicle without a driver's license without being covered by mandatory insurance is not less than the nature of the crime in light of the contents and methods of the crime, and has the records of having been punished several times due to the same and similar crimes, the balance of general punishment in the same and similar cases, and the defendant's age, sex, intelligence and environment as shown in the argument of this case, and the motive and motive of the crime of this case.

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