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(영문) 제주지방법원 2015.07.02 2015고정366

도로교통법위반(무면허운전)등

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

"2015, 366"

A. From March 16, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) around 13:00 on March 16, 2015, the Defendant driven a motor bicycle driver’s license at approximately approximately 200 meters section from the front parking lot of the Nompon-dong, Jeju-si, to the front of the same monthly East-ro 9 Belin-do, and without obtaining a motor driver’s license, 50CC which was owned by the Defendant.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act, on the same date, time, and place as the foregoing paragraph (a), operated an automobile insurance without registration.

around 07:15 on December 30, 2014, the Defendant driven Cenri 49CC at a section of about 500 meters from the new Jeju public parking lot that is linked to Jeju to the same Dong to the new juri in the same Dong under the influence of alcohol level 0.158%.

Summary of Evidence

"2015, 366"

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The mandatory insurance association and the investigation report (verification, etc. of the non-purchase of the mandatory insurance for motor vehicles) 2015 Ma367;

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a D's statement and a de facto investigation report;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant legal provisions concerning criminal facts: Subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the same Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act; Selection of fines;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (limited to a fine not exceeding 2,00,000 won);

1. Detention in a workhouse: It is so ordered as per Disposition for the reasons not less than Articles 70(1) and 69(2) (100,000 won a day) of the Criminal Act;