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(영문) 서울북부지방법원 2019.01.22 2018고정1756

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

1. On August 7, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and driving a DGTS125 EFI motor bicycle from the front road of Dongdaemun-gu Seoul to the front road of about 500 meters from the front road of Dongdaemun-gu Seoul to the front road of the same Gu.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who is the owner of a DNA GTS125 EFI motorcycle, operated the above motorcycle on the road, which is not covered by mandatory insurance, such as the date and time and place described in paragraph 1, as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

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;