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(영문) 수원지방법원 2020.05.14 2019고단6002
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

1. Around 15:00 on September 30, 2019, the Defendant driven B rocketing or other car without obtaining a driver’s license from the Do located in Seogwon-gu, Suwon-si, Suwon-si, which is located in Seogwon-si, 2065, from the Do located in Seogwon-si, to the chill-ro 30 in Suwon-si, Suwon-si, Suwon-si.

2. No owner of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road unless mandatory insurance is subscribed;

Nevertheless, the Defendant operated B rocketing car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

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

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been two or more times a criminal defendant for the same and different crimes, and the criminal defendant should be punished strictly in light of the fact that he/she has committed a second offense during the period of probation.

However, considering the fact that the defendant is against the crime, the traffic accident did not occur, the immediate purchase of mandatory insurance after enforcement, and the circumstances that may be taken into account, the circumstances favorable to the defendant should be taken into account as much as possible, and all other sentencing conditions specified in the records of this case, it is more desirable to give the defendant an opportunity to renew to the sound members of society only once more than sentencing the defendant.

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