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(영문) 서울동부지방법원 2018.11.13 2018고정1041
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a holder of the first passenger car in B.

1. On June 30, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license. On June 30, 2018, around 13:08, the Defendant driven the instant vehicle from around 2km to around 331, an Arasan-ro 331.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act operated the first car without mandatory insurance at a temporary location such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, the selection of fines for negligence;

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. The Defendant committed the instant crime on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the risk of operating a vehicle with no mandatory insurance for the reason of sentencing, and the fact that the Defendant committed the instant crime since the license was revoked due to drinking, etc., taking into account the sentencing conditions indicated in the instant trial, it does not seem that the amount of fine specified in the summary order is excessive even if taking into account such factors as

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