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(영문) 부산지방법원 2020.04.22 2020고정362

도로교통법위반(무면허운전)등

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Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

1. On April 24, 2017, the Defendant, without a driver’s license, driven a d-wing truck at a section of about 2 km from the front day of the city located in Geum-gu, Busan to the front day of the opening tunnel, located in the same Dong-dong without a driver’s license, around 06:34, 2017.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a D-wing and cargo vehicle.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the freight truck that was not covered by mandatory insurance at the time and place specified in the foregoing Paragraph (1).

3. He/she may not operate any motor vehicle unless the owner of the motor vehicle in violation of the Motor Vehicle Management Act or any person entrusted with the operation of the motor vehicle;

Nevertheless, the Defendant, despite being aware of the fact that he is not a legitimate user of a motor vehicle, operated the D-wing truck, which was ordered to suspend operation as of April 27, 2016, at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the motor vehicle register, etc.);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 81-7 and Article 24-2 (1) of the Automobile Management Act concerning the facts constituting an offense, and the selection of fines;

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;