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(영문) 부산지방법원 동부지원 2015.11.05 2015고단1502
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 05:00 on August 24, 2015, the Defendant driving a COE-motor vehicle without a driver’s license in the section of approximately 13 km in front of the construction site of the YUG in the middle-dong of the Busan East-dong, Busan, on the front of the construction site, around 13 km. On the same day, around 16:30 on the 16:30 day, the COE-motor vehicle at the 10m prior to the construction site of the YUG.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The Defendant operated a two-wheeled automobile without registration 250cc COET that was not covered by mandatory insurance at each time, place, etc. mentioned in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a certificate of disuse of two-wheeled automobiles, and application of statutes governing the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of punishment, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment shall be determined as ordered by taking into account the following circumstances, the Defendant’s age, character and conduct, environment, the motive and circumstances leading to the Defendant to commit each of the instant crimes, and the circumstances before and after the instant crime, etc., as indicated in Article 51 of the Criminal Act.

Unfavorable circumstances: The defendant's criminal punishment for the same crime is not taken place, but again commits each of the crimes of this case, and the possibility of criticism is very high.

The defendant's purchase and operation of a two-wheeled vehicle without a driver's license, which is not against the quality of the crime.

The defendant shall have this effect.

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