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(영문) 서울서부지방법원 2020.12.01 2019고정954

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

1. The Defendant violated the Road Traffic Act (unlicensed Driving) on September 11, 2017, without obtaining a license for a motorcycle around 15:45, and driving a unregistered SYMM 100 cc in the section of about 300 meters from the front of Mapo-gu Seoul to the front of the D Public Security Center located in the same Gu C from the front of Mapo-gu Seoul to the front of the D Public Security Center.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) had operated unregistered SYM scenario 100cc Oral dynas without mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

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

1. Mandatory insurance policy;

1. Investigation report (as to the violation of the Guarantee of Automobile Accident Compensation Act and the violation of the Automobile Management Act), investigation report (as to the revocation of driver’s license), the provisions of Acts

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) 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, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;