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(영문) 춘천지방법원 원주지원 2015.06.03 2015고단300
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of five 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 B cargo truck.

On March 16, 2015, around 14:39, the Defendant: (a) operated the freight vehicle without obtaining a driver’s license; and (b) operated the said freight vehicle without mandatory insurance, from the advertising company “CMF” to the front day of theless elementary school in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes within the scope of the sum of the maximum amount of the crimes specified in the crime of violating the Guarantee of Automobile Accident Compensation Act with heavier penalty];

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

1. Taking into account the past records of the punishment twice for the same offense of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the provisional payment order is against the latter;

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