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(영문) 인천지방법원 부천지원 2017.05.10 2017고정335
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On September 3, 2016, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a bicycle without a vehicle license for a section of about 5 km from the front of the Defendant’s residence in Kimpo-si B to the front of the road in the city of Kimpo-si to the front of the U.S. car energy in the middle of the city of Kimpo-si.

2. A motor vehicle owner who has violated the Guarantee of Automobile Compensation for Damages shall subscribe to the mandatory insurance bearing the responsibility for paying a specific amount to the victims where other persons die or have been injured due to the operation of the motor vehicle, and shall not operate the motor vehicle which is not covered by the mandatory insurance

Nevertheless, on September 3, 2016, the Defendant driven a non-registered motor bicycle without mandatory insurance policy from the front of the Defendant’s residence in Kimpo-si B, Kimpo-si to the front of the Eup located in the area of Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a statement of the control of unauthorized License, the ledger of driver's license, and mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the Act on the Selection of Punishment, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

The defendant has no criminal history of the same kind.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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