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(영문) 서울동부지방법원 2019.07.25 2019고단1835
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a holder of a two-wheeled motor vehicle with no registration substitute.

1. On April 22, 2019, the Defendant driven the said motorcycle at the front of Songpa-gu Seoul Metropolitan Government Road without a motorcycle driver’s license on April 16, 2019.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road on which mandatory insurance is not subscribed;

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that 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;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances favorable to the fact that only five times the past records have been punished for a crime of violating the Road Traffic Act (non-licensed driving): The defendant's age, character and conduct, motive, means and consequence of the crime, and the conditions of sentencing specified in pleadings, such as the defendant's age, character and conduct, motive and consequence of the crime, shall be considered;

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