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(영문) 창원지방법원마산지원 2020.10.20 2020고정290
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

On March 29, 2020, at around 11:20, the Defendant, via the same Gu C from Changwon-si, Masan-si B to the same Gu B, once again, 100c c c c c c c 100c c c c c c c c c c c c c c c c c c c

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment toCCTV images and other closure photographs);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without a license) which choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of the sum of the maximum amount of the crimes for violation of the Guarantee of Automobile Accident Compensation Act, which are heavier than the penalty, and double crimes);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10,000 won;

2. Not applying the sentencing criteria: Non-establishment of the sentencing criteria;

3. Opinion of the prosecutor: Fines of three million won;

4. The Defendant, who was sentenced to a mandatory insurance, was driving Oral Ba, which was not a mandatory insurance policy, as a non-license.

There are two fines in 2015 due to unlicensed driving, etc., and penalties for suspension of the execution of imprisonment in 2018 are imposed.

However, the driver did not cause a traffic accident while driving.

There is no previous conviction or penalty due to a violation of the Guarantee of Automobile Accident Compensation Act.

There is a cerebral disability to the defendant.

In addition, comprehensively taking account of the following: (a) the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the commission of the crime; and (b) the maximum amount of the fine due to driving without a license is only KRW 300,000,00,000 as stated in the summary order (three million won), the amount of the fine specified in the summary order is too excessive.

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