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(영문) 창원지방법원 2017.10.25 2017고단2850
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Criminal facts

1. On August 10, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a 49c otobs without number plates from approximately 500 meters to the front day of D elementary school located in Kimhae-si C from the front day of Kimhae-si without obtaining a bicycle driver's license for a motor device at around 18:45 on August 10, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the above Oral ba, where there was no number plate which was not subscribed to mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include: (a) the fact that the defendant was guilty of his fault in depth; and (b) there are some circumstances to consider the motive and circumstance leading to each of the crimes of this case.

On the other hand, the fact that the defendant committed each of the crimes of this case before and after drinking or driving without a license is committed several times, and that the defendant committed each of the crimes of this case against the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence and environment, and criminal records and arguments, were determined in the same sentence as the order.

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