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(영문) 창원지방법원 진주지원 2019.10.16 2019고단1006

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. Around 18:00 on July 15, 2019, the Defendant driven a DEngine without a license for a motor vehicle at the section of about 10km from the Do in front of a mutually unclaimed restaurant in the Hanam-gun B market to the front of C.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of the above motorcycle.

The Defendant operated the above motorcycle, which was not covered by the mandatory insurance of motor vehicles, at the time and place of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the registers of photographs, mandatory insurance, and 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 penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of imprisonment);

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (the criminal administration is recognized. Other factors such as the environment, age, etc. of the defendant);

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;