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(영문) 수원지방법원 2017.01.12 2016고단4666
도로교통법위반(무면허운전)등
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

On July 25, 2016, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment due to a violation of road traffic law (unlicensed driving) in the support for the development of the Suwon Friwon method. The judgment became final and conclusive on August 2, 2016.

1. On April 16, 2016, the Defendant was driving a two-km car without the driver’s license from the front side of the apartment house in Ansan-si, Ansan-si to the 85-677 front road at the time of insularization.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the said passenger car.

The Defendant operated the said automobile that was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) and 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are against the accused, many criminal records of the same kind, and crimes of violation of road traffic laws (unlicensed driving) for which the judgment has become final and conclusive, shall be taken into account in consideration of the equity in the case of being tried, the age of the accused, sex behavior, environment, etc., as well as the sentencing conditions under Article 51 of the Criminal Act.

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