beta
(영문) 서울동부지방법원 2019.09.10 2019고정358

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 27, 2019, the Defendant driving a motor bicycle with the section 3 of the GIDAS 110cc on the front side of Gangdong-gu Seoul, Gangdong-gu without a motorcycle driver’s license on January 27, 2019.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road on which mandatory insurance is not subscribed;

Nevertheless, the defendant operated the above motorcycle which is not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policies (C);

1. The ledger of driver's licenses;

1. Application of traffic accident report, traffic accident situation report, statement, and Acts and subordinate statutes governing site photographs;

1. Article 154 Subparag. 2 and Article 43 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 15530, Mar. 27, 201); the choice of fines for each crime;

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;