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(영문) 인천지방법원 2018.10.19 2018고정869
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a BM7 vehicle without obtaining a driver’s license from around 264m section of around 2.6 km to the road front of the Southern-gu Incheon Metropolitan City, Nam-gu, Seoul, and from around 17:00 to the main road of the Nam-gu, Nam-gu, Incheon, and from around 2.6km to the main road.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of BM7 car.

No owner of a motor vehicle shall operate any motor vehicle on a road unless he/she is covered by mandatory insurance.

Nevertheless, the defendant operated the car as long as he did not subscribe to mandatory insurance on the roads of the time and place such as the above Paragraph 1.

Summary of Evidence

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

1. Report on Unlicensed Operational Situation, License Book (A), and Mandatory Insurance (B) Application of Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving) concerning the selective punishment, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the same Act (the operation of non-insurance motor vehicles);

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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