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(영문) 창원지방법원 마산지원 2017.01.19 2016고정546
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who has taken over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the competent authority within fifteen days;

On July 2015, the Defendant acquired a body car from the Defendant-friendly C to D on the road in front of the Defendant’s dwelling in the Simsan-si, Changwon-si, Masan-si, and did not file an application for the registration of ownership transfer in the name of the Defendant within 15 days.

2. On October 19, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and the Act on Guarantee of Compensation for Automobile Damages, driving a vehicle with the above D, which was not covered by the automobile insurance without obtaining a driver’s license, from around about 2km section from the front of the mountain bridge located in the south-gu, Changwon-si, Mapo-si, Changwon-si to the front of the new-ro apartment complex located in the same west-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on actual condition survey, ledger of driver's licenses, inquiry into vehicle register and mandatory insurance, and the application of Acts and subordinate statutes of the ledger of registration of a motor vehicle;

1. Relevant legal provisions concerning the facts constituting an offense, Article 81 subparagraph 2 of the relevant Act, Article 12 (1) of the Automobile Management Act (the point of application for non-registration of ownership transfer), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of non-licenseed driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance), and the selection of fines, respectively;

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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