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(영문) 제주지방법원 2016.12.05 2016고정768

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a holder of a non-registered 49cc.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on August 29, 2016, the Defendant, without obtaining a license for a motorcycle driver on August 29, 2016, operated a non-registered 49cc oba, which was not covered by mandatory insurance at approximately 10 km section from 06:50 square meters to 10cc oba, located in the west-gu, Nam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (with respect to non-life insurance);

1. Relevant legal provisions and the choice of punishment concerning facts constituting the crime: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; Selection of each fine;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and