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(영문) 서울동부지방법원 2014.06.25 2014고단975

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 08:00 on March 24, 2014, the Defendant operated a two-wheeled vehicle without obtaining a driver’s license (Class 2 small-sized vehicle) at a section of about 2 km from the 253-way, Gangdong-gu, Seoul to the front day of the 1151-road street, Gangdong-gu, Gangdong-gu, Seoul, without obtaining a driver’s license (Class 2 small-sized vehicle).

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a two-wheeled automobile that was not covered by mandatory insurance, such as the above Paragraph 1.

3. When the Defendant, at the time and place indicated in the above Paragraph (1) above, was subject to the control of the above violation by the victim B and the victim C, who is a police officer, and there were many citizens, the Defendant publicly insultd the victims by publicly alleging that “the victims of the above violation exceeded 300s, she must do so.”

Summary of Evidence

1. Defendant's legal statement;

1. A petition filed for complaint filed by B and C;

1. A certificate of disuse of a two-wheeled motor vehicle, administrative notification for a unregistered motor vehicle, and driver's license ledger;

1. Application of related Acts and subordinate statutes;

1. In light of the relevant legal provisions on criminal facts, and Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 46(2)2 and 8 of the Guarantee of Automobile Accident Compensation Act, and Article 311 of the Criminal Act, the Defendant, although previously acquired a driver’s license or an international driver’s license, has expressed a desire for the police to drive and crack down on the erroneous land in the state of cancellation, and the risk or the quality of the act itself does not appear to be serious, and the present time appears to have been insured, each option of fine shall be imposed only once, taking into account the following:

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

1. Articles 70 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;