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(영문) 서울남부지방법원 2018.12.20 2018고정1086
도로교통법위반(무면허운전)등
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. On November 13, 2017, the Defendant for violation of the Road Traffic Act (unlicensed driving) operated a bicycle without a license for a 125cc motor device, a non-license for a bicycle in the section of approximately 2 kilometers from the vicinity of Gangseo-gu Seoul Metropolitan Gamdo to the front side of the Yangcheon-gu Seoul Metropolitan City.

2. Although the Defendant was prohibited from operating a motor vehicle on a road without mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the said two-wheeled vehicle on the road at the date and time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes regarding mandatory insurance, such as reporting on the circumstances of driving without a license, photographs of suspects and wheels, registers of driver's licenses, inquiries into association with the main office;

1. Relevant Article of the Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, Article 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, the selection of fines 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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