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(영문) 창원지방법원 2018.04.05 2018고단156
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 00:50 on December 8, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) started from the front parking lot of the 141-14-14 Simsan-ro, the 1403-dong apartment road, which started from the 1403-dong of the 1403-dong, and passed through the third elementary school located in the Yyeong-si, Kimhae-si, the Defendant driven a 124c large occine, without obtaining a motor bicycle driver’s license from a distance of about 300 meters from a distance of 300 meters to the front road in the sular and west-dong, Kimhae-si.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the above urine, which was not covered by mandatory insurance, at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 46 (2) 2, the main sentence of Article 8, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, the selection of fines for the crime, Article 46 (2) 2, Article 43 of the Act on the Guarantee of Road Traffic, and the Selection of fines, respectively;

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. 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 on February 3, 2016 is that the defendant was sentenced to a two-year suspended sentence for a violation of traffic laws at the Changwon District Court on February 3, 2016 and committed the instant crime without being sentenced to a two-year suspended sentence for a violation of traffic laws, etc., under the circumstances unfavorable to the defendant. However, the defendant is in a situation in which the defendant must support his/her children as North Korean defectors, and the defendant is obliged not to commit a second offense by breaking his/her mistake in depth.

A fine shall be imposed, taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime, including the fact that the Defendant was not driving at the time of the instant case and did not cause traffic accidents.

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