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(영문) 대구지방법원 영덕지원 2018.10.31 2018고정38
도로교통법위반(무면허운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 4, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) on and around 15:50 on March 4, 2018, the Defendant driven approximately 60 meters away from 8:0,000 to 60 meters away from 8:0,000 to 8:0,000, in front of the sports center, and without obtaining a driver’s license.

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

Nevertheless, the Defendant, at the time and place specified in paragraph 1, operated the foregoing C Trax XG car that was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Application of each statute on photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (Unlicensed Driving, Selection of Fine), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (Selection of Fine) of the same Act concerning the operation of automobiles which are not mandatory insurance and the selection of fines);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the aggregate of the amounts of the above two crimes) provided for in the crime of violating the Guarantee of Compensation for Motor Vehicles, the punishment of which is heavier;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order Act include all of the crimes of this case, the defendant recognized each of the crimes of this case, took his mistake into account, but even though the defendant had been punished four times due to driving without a license, again led to the crime without a license of this case, the defendant's age, environment, sex, motive, means and consequence of the crime, and all of the sentencing factors indicated in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered by the order.

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