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(영문) 춘천지방법원 속초지원 2017.08.23 2017고단87
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who possesses and drives B B B II, and no person shall drive any motor vehicle on the road which is not covered by mandatory insurance.

1. On January 3, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Compensation for Automobile Damages on January 3, 2017, the Defendant operated the said B Poter II cargo vehicle without obtaining a driver’s license at a distance of about 500 meters from the front side of the Defendant’s house located in Seoyangyang-gun C to the front side of the E-cafeteria located in D from around 00 meters to the front day of the restaurant located in D.

2. On January 29, 2017, the Defendant violated the Road Traffic Act (non-licensed driving) and the Guarantee of Automobile Compensation Insurance Act on January 29, 2017, the Defendant operated the said B Pool, which was not covered by mandatory insurance without obtaining a driver’s license, from around 11:15 to around 1750 in the front day of the Defendant’s house in Gangwon-gun, Yangyang-gun, Yangyang-gun, to the front day of the port of supplying the Yangyang-gun located in 1750, as in the same year.

3. On February 5, 2017, the Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) on February 5, 2017, the Defendant: (b) caused H, the terin person, to operate the said B B B truck, not covered by mandatory insurance, on the front side of G in the Gangwon Yangyang-gunF around 15:00.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses of each motor vehicle;

1. Inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes to a statement of the operation of H vehicles;

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense, as well as Article 46 (2) and 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the same Act;

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

1. Selection of each alternative fine for punishment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed the instant crime during the period of repeated crimes of the same type, the Defendant may have the same criminal records and several times, etc., which are disadvantageous to the Defendant, or both of the instant crimes committed by the Defendant.

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