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(영문) 서울중앙지방법원 2015.01.29 2014고정5625

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

1. Around 12:45 on May 27, 2014, the Defendant driving a motor bicycle without a license plate in the section of approximately 2.5 km from Gwanak-gu in Seoul Special Metropolitan City to the 145 km-ro, Gwanak-gu, Seoul Special Metropolitan City.

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

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. B Statement on the occurrence of a traffic accident;

1. A traffic accident report;

1. Application of the statutes on the register of driver's licenses;

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

1. Selection of each alternative fine for punishment;

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;