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(영문) 의정부지방법원 2017.05.11 2017고정119
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On September 21, 2016, the Defendant: (a) driven a BMF car without obtaining a driver’s license from around 14:20 on September 21, 2016 to around 52-2 near the Namyang-si, Namyang-si, the Namyang-si, the Namyang-si, the 116-ro, Namyang-si, the front road of the building in front of the building.

2. No person who violates the Automobile Management Act shall operate an automobile unless he has been entrusted with the matters concerning the operation, etc. of automobile by the owner of the automobile or the owner of the automobile;

On May 18, 2012, the Defendant lent KRW 30 million to D, who is the representative director of the Co., Ltd., and operated the said automobile for about seven months from February 12, 2016 to September 14:20, 2016.

3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of BMW car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Indicating an automobile registration certificate, the driver's license register, and mandatory insurance;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act (non-licensed driving point), Articles 24-2 (1) and 81-7-2 (applicable to the operation of an unentrusted vehicle) of the Automobile Management Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively, concerning the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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