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(영문) 의정부지방법원 2017.09.28 2017고정663

자동차손해배상보장법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

[Criminal Records] On November 9, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to an injury, etc. by the District Court of Jung-gu, which became final and conclusive on January 18, 2017.

[Criminal facts]

1. The defendant is a person who is engaged in the business of driving a bicycle BCA 110 V motor device.

On June 11, 2016, the Defendant operated the bicycle at approximately 50 meters from the front side of the Boyang Village located in the Jinyang-si, Jinyang-si, Jinyang-si, Jinyang-si to the front road of about 25 meters from the front side of the Jinyang-si, Jinyang-si without obtaining a bicycle bicycle license for a motor device for light of 19:00 on 19:00.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of BCA110 V two-wheeled automobile.

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

Nevertheless, the Defendant operated the two-wheeled automobile not covered by mandatory insurance under the Guarantee of Automobile Damage Compensation Act at the same time and place as the above “1” clause.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

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

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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