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(영문) 의정부지방법원 고양지원 2017.07.06 2017고단931
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On March 19, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license on March 19, 2017, the Defendant driven a motor vehicle B with B low-speed paint from the 70km section from the 11st to the 940-20nd road to the 940nd road.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, as the owner of the said low-speed car, operated the said low-speed car, which was not mandatory insurance at the same time and at the same place, despite the fact that the owner of the vehicle is prohibited from operating the vehicle on the road, on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Road Act, 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, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was discovered while driving the fourth without a license since 2013.

In particular, on January 27, 2017, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Guarantee of Automobile Compensation Act, and committed each of the crimes in this case during the suspended sentence.

However, the defendant is against the law.

The mandatory insurance was purchased as soon as the crime was discovered.

In addition, in consideration of the age, gender, circumstances of driving, etc. of the defendant, etc., the punishment shall be determined as per the order.

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