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(영문) 대구지방법원 2019.03.21 2019고단183

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 19, 2018, at around 20:47, the Defendant driven DL100 Oba (marage: 1037C) on the front of the said “B” apartment at approximately 28 km section without obtaining a Class II driver’s license for small-sized vehicles from the front of the B apartment at Busan Metropolitan City via Daegu-gu Seoul Metropolitan City.

"2019 Highest 684"

1. On November 5, 2018, the Defendant driving a two-wheeled automobile without obtaining a driver’s license on the road from the front day of the F in Seo-gu, Daegu to the front day of the H in Daegu, Seo-gu, Seo-gu, without obtaining a driver’s license on November 13:43, 2018.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle on a road which is not covered by the mandatory insurance of motor vehicles;

On November 5, 2018, at around 13:43, the Defendant: (a) driven a BMW S1000 R two-wheeled automobile without any serial number from approximately 4km section from the front of the F, Seo-gu, Daegu to the front of the H. in Daegu-gu, Seo-gu, to the front of the H. G.

Summary of Evidence

"2019 Highest 183"

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written Statement;

1. CCTV closure photographs;

1. "Motor vehicle driver's license register";

1. Defendant's legal statement;

1. Statement to J police officers;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes for investigation reports (related to notification of automobiles with unregistered wheels);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the provision of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively, for the selection of fines;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant has already committed a traffic-related crime including a driving without a license.