beta
(영문) 부산지방법원 2018.02.07 2017고정2471

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. On August 9, 2017, the Defendant, without a driver’s license, driven a two-wheeled vehicle from the Do in front of the Defendant’s residence located in Busan Dongdong-gu, Busan, to approximately 10 km from the 10km away from the Do in front of the Defendant’s residence in Busan Dong-dong-gu, Busan, to the 71 Don-ro, Busan, Seodong-gu, Busan, to the 71 Donian road.

2. The Defendant operated a two-wheeled vehicle as stated in paragraph 1, which is not mandatory insurance, on the road although the Defendant was prohibited from operating a motor vehicle that is not covered by mandatory insurance, at the time, at the place, and on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the details of driver's license revocation, such as photographing of unauthorized driving sites, photographs of two-wheeled vehicles, driver's license ledgers, mandatory insurance inquiries, and inquiry into cleanliness;

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. 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;