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(영문) 춘천지방법원 강릉지원 2016.11.04 2016고정208

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

누구든지 의무보험에 가입되어 있지 아니한 자동차를 운행하여서는 아니되고, 피고인이 보유한 효성랠리 49cc 이륜자동차는 의무보험에 가입되어 있지 아니한 자동차이다.

Nevertheless, at around 18:00 on August 6, 2016, the Defendant operated a two-wheeled vehicle without obtaining a license from around 2 km section from the front of the 21-do New-ro, Gangwon-gu, Gangwon-gu, Gangwon-do to the front of the 132 CU convenience store, and without obtaining a license from the front of the 132 km-gu, Gangwon-gu, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. Inquiry into information about compulsory insurance coverage, and application of the ledger of driver's licenses;

1. Operation without mandatory insurance for the relevant criminal facts: Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and selective punishment (the punishment provided for in the Act on Guarantee of Automobile Accident Compensation, which shall be imposed on the violation of the Motor Vehicle Accident Compensation Security, with more severe punishment and the selection of fines);

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;