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(영문) 서울북부지방법원 2020.05.06 2020고정326

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 00:10 on December 12, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driven the C-crick Vehicle without a driver’s license at a section of approximately 9.6 km from Gangdong-gu Seoul Metropolitan Government to the roads of the Seoul Dongdaemun-gu B apartment.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant, who is the holder of the above C-cracked car, operated the said car that was not covered by mandatory insurance in the date and section specified in the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of a written statement on the operation of vehicles, mandatory insurance inquiry, ledger of driver's license for automobiles, and Acts and subordinate statutes concerning car checking;

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