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(영문) 서울중앙지방법원 2016.10.26 2016고단5065

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for three months and a fine for 200,000 won.

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

Reasons

Punishment of the crime

1. Around 15:55 on June 4, 2016, the Defendant driven a CITY100 Oral Sea, which is a cITY100 Oral motorcycle, for about 50 meters, from the luminous on the luminous road in the new-dong, Jung-gu, Seoul, to the 165 front road, without a driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the defendant operated CITY10 Oral Ba, which was not covered by mandatory insurance, at the time, at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (No. 2 of the evidence list);

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Determination of a fine for a crime of violation of the Road Traffic Act and imprisonment for a crime of violation of the Guarantee of Automobile Accident Compensation Act for each option (in consideration of the fact that the defendant has been punished four times in total by a fine for non-licensed driving and a violation of the Guarantee of Automobile Accident Compensation Act for a total of four times since 2013, and

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

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