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(영문) 수원지방법원 2016.07.21 2016고정531
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who drives a vehicle with engine displacement of 650cc BCOE.

On May 16, 2015, the Defendant driven the above-wheeled vehicle on May 12:25, 2015, and caused collision with the two-wheeled vehicle, which was installed at the entrance of the above road, to avoid bricks on the road, in front of the entrance of the wife C at the time of the entrance of the vehicle.

As a result, the defendant damaged the above pedestrian fences to require the repair cost of KRW 250,000.

2. Violation of the Road Traffic Act (unlicensed Driving) is a person who drives a vehicle with an engine displacement of 650cc BCOE in engine displacement.

In order to drive a two-wheeled vehicle with engine displacement exceeding 126cc, two kinds of small driver's licenses must be required.

Nevertheless, on May 16, 2015, the Defendant driven a 650cc BCOE-wheeled Vehicle at a section of approximately 1 km from the front of the entrance to the front of the entrance of C at the entrance, without a small-sized driver's license of 2:25 on May 16, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Reports on the occurrence of traffic accidents;

1. Written estimate;

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

1. Relevant Article 151 of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines, respectively, concerning facts constituting an offense;

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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