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(영문) 수원지방법원 성남지원 2021.01.20 2020고정245

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A. On August 17, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving a two-wheeled vehicle (E) with approximately 15 km section owned by himself/herself to the road front of the D cafeteria located in the Subdivision-gu, Sungnam-si, Sungnam-si, as well as the 16:20 on August 17, 2019, “ without a motor bicycle driver’s license.”

B. Although the owner of a motor vehicle violating the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on the road which was not mandatory insurance, the defendant operated a two-wheeled motor vehicle with unregistered franchises 125 cc., which was not covered by mandatory insurance at the same time and at the same place as the above paragraph A.

Summary of Evidence

1. A written statement prepared by the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes to the report on detection, the driver's license ledger, the notification of the use of unregistered devices for non-registered motors, and investigation reporting;

1. Article 154 subparag. 2 of the relevant Act and Articles 154 subparag. 2 and 43 of the Road Traffic Act (a person who has obtained a license for driving a bicycle without motor device), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (a person who has not mandatory insurance), the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act by which the choice of fines for concurrent crimes is aggravated;

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

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