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(영문) 부산지방법원 2018.11.01 2018고단3399

자동차손해배상보장법위반등

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Defendant shall be punished by imprisonment for four months and by a fine for 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 4, 2018, the Defendant driven a bicycle with a motor device of about 70 meters in a section of approximately 70 meters, without obtaining a motor device license, from the road near the "Songpo-dong," located in the Busan Seo-dong, Busan Seo-gu, to the outdoor front road of the "Songpo-gu square" outdoor parking lot.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is almost a holder of an engine device specified in the above 1. Paragraph (1).

No motor device or bicycle not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the motor bicycle that was not covered by mandatory insurance at the time and place specified in Paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes to the register of driver's licenses for automobiles, such as a report on detection (road traffic, etc.), photographs of field detection, reports of self-regulation, and reports;

1. Article 46 (2) 2 of the Act on the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (Selection of Imprisonment with prison labor) of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the same Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 (Selection of Fines and Fines) of the same Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant confessions his/her crime and repents his/her mistake. However, although the defendant who has the criminal records of the same kind of crime drives Ortoba without a driver's license, the defendant's age, family circumstances, and criminal records, etc. are considered and sentenced to sentencing as ordered.