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(영문) 서울서부지방법원 2016.10.18 2016고단1226

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

1. On March 7, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a license for a motorcycle, and driving the NY125 cc, 124cc, which was not registered within a section of approximately one kilometer from the roads near the Seodaemun-gu Seoul Western-dong, Seoul, to the roads near the children’s park to the same 20-day long-distance road.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of NY125 124 cc.

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

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the date, time, and place under Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes concerning the ledger and control of driver's licenses;

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 (the fact that an automobile is operated without mandatory insurance), and the selection of each fine;

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;