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(영문) 의정부지방법원 고양지원 2016.09.23 2016고단1602
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 8, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny and 2 months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) in the Goyang Branch of the Jung-gu District Court on April 8, 2016, and the above judgment was finalized on September 8, 2016.

1. On February 24, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a DNA interview car from around 500 meters in the section of approximately 500 meters to the front road of the Dong-gu, Busan Metropolitan City, Seoyang-gu, Seoyang-gu, Seoul Special Metropolitan City, which is located in 283 at the height of the same city, from the front road of the Dong-gu, Seoyang-gu, Busan Metropolitan City without obtaining a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the foregoing interview loan.

The Defendant operated an automobile without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, the ledger of driver's licenses, inquiry into the vehicle register, and mandatory insurance;

1. References to inquiries, such as criminal history, and the application of the judgment text;

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

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum amounts of each crime) of the aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the Defendant’s history of punishment without license over several times, and in particular, even though the offense of this case was committed during the period of repeated crime, it is necessary to punish the corresponding strict punishment in light of the fact that the instant offense was committed during the period of repeated crime.

However, the defendant does not commit a second offense.

It is reasonable to consider the fact that there is no accident or that there is no accident in favor of the defendant, and it can be tried together with the crime that has become final and conclusive.

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