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(영문) 서울서부지방법원 2019.07.02 2019고정291

도로교통법위반(무면허운전)등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 11:50 on October 16, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, at a section of about 100 meters from the front of the Cridge meeting located in Eunpyeong-gu Seoul Metropolitan Government to the front of the Eunpyeong-gu Seoul Metropolitan Government (Seoul), without a motorcycle driver’s license, driven E 50cc Oral Seabs without a motorcycle driver’s license.

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate the automobile on the road, where he is a holder of E 50cc Oral Ba, or where he is not covered by mandatory insurance.

Nevertheless, the Defendant operated the above Oral Ba, which was not covered by mandatory insurance at the same time and place as stated in paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a license ledger, register and mandatory insurance bureau;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 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 selection 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;