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(영문) 서울중앙지방법원 2016.12.20 2016고정3416
자동차손해배상보장법위반등
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. Around 18:30 on May 25, 2016, the Defendant driven a BITI 100 motorcycle owned by the Defendant without obtaining a motorcycle driver’s license from the front side of the Gwanak-gu Office in the Gwanak-gu, Seoul Special Metropolitan City, to approximately 5km-ro 34 Na-ro 17 km-ro.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said motorcycle which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The driver's license ledger and a traffic inspector;

1. Application of Acts and subordinate statutes to mandatory insurance policies;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines;

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

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

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

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