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(영문) 서울중앙지방법원 2020.12.10 2020고단4344
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by imprisonment for six months and by a fine of 450,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

around June 22, 2020, the Defendant operated approximately 2 km from Jongno-gu Seoul, Seoul to the same Gu roads, and the Dmotor bicycle not covered by mandatory insurance without a driver's license.

around 14:25 on July 30, 2020, the Defendant operated a Dmotor bicycle not covered by mandatory insurance without a motorcycle driver's license in the section of about 1 km from the Jongno-gu Seoul E apartment to the same Gu road.

around 15:15 on September 8, 2020, the Defendant driven a Dmotor bicycle without obtaining a driver’s license from the 1km section to the front road of the G building located in the same Gu from the vicinity of Jongno-gu Seoul to the 1km section of the G building located in the same Gu.

Summary of Evidence

[200 Highest 4344]

1. Legal statement, vehicle photographic driver's license register, and mandatory insurance association of the accused: 200 highest 5734;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses of vehicle photographs, and the ledger of driver's licenses of vehicle photographs, which belongs to the defendant at the time of crackdown on the legal statement of the defendant at the time of regulating the defendant's legal statement;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a penalty, respectively, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which are not mandatory insurance, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (limited to imprisonment with prison labor);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant operates a vehicle without a license and mandatory insurance from around 201 to March 2020 after the license was revoked.

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