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(영문) 서울동부지방법원 2018.08.16 2018고단1658
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

1. On March 31, 2018, the Defendant was driving the B Poter II cargo vehicle from the street in front of the 613-13-Gu, Jinyang-dong, Seoul Special Metropolitan City, to the street in front of the 584-13-dong, Jinyang-dong, 15:20 on March 31, 2018 without a driver’s license.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the freight truck that was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger and respective mandatory insurance inquiries;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Although the period of punishment for the same kind of crime has been two times, the circumstances favorable to the defendant who repeatedly committed the same crime during the period of suspension of execution shall be taken into account the defendant's age, sex, motive, means and consequence of the crime in this case, and the conditions for sentencing specified in pleadings, such as the defendant's age, sex, motive, means and consequence of the crime in this case, etc.

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