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(영문) 울산지방법원 2013.12.12 2013고단3092
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 25, 2013, at around 04:40 on June 25, 2013, the Defendant driven CranxG car without mandatory insurance without a driver’s license from the port of the defense Dong-dong, Ulsan-gu, Ulsan-do to the new uniforms located in the Nam-gu, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and on-site photographs of the police;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, and the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle which is not mandatory insurance, the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Guarantee of Automobile Accident Compensation Act heavier than punishment);

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. The portion not guilty of a fine with considerable amount of money by comprehensively taking into account the following factors: (a) the person was convicted of having the same criminal records and majority of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the second recidivism during the period of suspension of execution; (c) the driving distance and the background leading up to the detection thereof; and

1. On June 25, 2013, the Defendant was a person engaging in driving of CranxG automobiles. On June 25, 2013, the Defendant failed to accurately operate the operation and steering gear of BranxG and operated the BolxG in the front line from the front line to the front line, while driving the said vehicle on June 25, 2013, and entering the front line from the front line to the front line, and operated the 750,000 won of the repair cost, without taking necessary measures.

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