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(영문) 창원지방법원거창지원 2020.11.04 2020고정73
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 16:35 on May 19, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a fclurr vehicle without a driver’s license on a section of approximately 200 meters from the front of a restaurant located in Gohap-gun B to the front of the E, located in D.

2. No motor vehicle which is not covered by the mandatory insurance for motor vehicles violating the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a vehicle on the road which was not covered by mandatory insurance at the time and place specified in Paragraph 1 as mentioned above.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement driver's license register, mandatory insurance bureau's report;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant was sentenced to a summary order of KRW 500,000 as a crime of violating the Guarantee of Automobile Accident Compensation Act on November 17, 2016, and that the defendant committed the instant crime after the lapse of ten months from the date when he was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act on November 20, 2019.

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