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(영문) 서울중앙지방법원 2016.08.16 2016고정2086
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 May 12, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on July 1, 2016.

A. On March 7, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and driving approximately KRW 200 meters to park the XG car volume under the name of another person in the vicinity of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

B. The Defendant violated the Guarantee of Automobile Compensation for Damages, which was not covered by mandatory insurance at the time and place of a clause (a) and operated XG car volume as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Registers of mandatory insurance inquiries and driver's licenses of motor vehicles;

1. A written inquiry for the management of unmanned control materials;

1. Previous convictions in judgment: Search of cases, and application of respective statutes;

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) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 with regard to the order of provisional payment are as follows: (a) the age and environment of the Defendant; (b) the background of the instant crime; and (c) the circumstances after the instant crime, etc.; and (d) the punishment as set forth

The favorable circumstances: The defendant is recognized to commit a crime, and the circumstances unfavorable to him, such as the fact that he has to consider equity in the case of being tried at the same time with fraud, etc. for which judgment has already become final and conclusive: The defendant has a number of previous criminal records including imprisonment and a number of criminal punishment including imprisonment;

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