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(영문) 서울중앙지방법원 2014.09.18 2014고정4082

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

The Defendant was sentenced to four months of imprisonment for embezzlement at the Suwon District Court on July 23, 2014 and the judgment became final and conclusive on July 31, 2014.

1. On April 21, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) (hereinafter “Road Traffic Act”), without obtaining a driver’s license on April 11, 201:40, the Defendant driven B e-mail in a section of about 30 km away from the road located in front of the MaUL hotel located in Gangnam-gu, Seoul at the port of Gangnam-gu, Gangnam-gu, Seoul to the road located in front of the MaUL hotel.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The Defendant operated the said vehicle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the mandatory insurance bureau and the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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;