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(영문) 수원지방법원 2020.06.17 2019고정1077
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is the driver of the vehicle B. A.

On April 19, 2018, a person who violates the Road Traffic Act (unlicensed driving) shall not drive a vehicle without a driver's license. However, the defendant, from Busan to Busan on April 19, 2018, driven approximately 300 km from Busan on the upper side of the second-class Highway to the strokele rest.

B. Although a person who took over a vehicle in violation of the Automobile Management Act is required to make a transfer registration, the Defendant did not make a transfer registration despite having received a vehicle from the owner C of the vehicle from the owner of the vehicle at the beginning of December 2017.

The above vehicle was operated at the same time and place as the paragraph.

C. Although a person violating the Guarantee of Automobile Accident Compensation Act is not to operate a vehicle that is not covered by mandatory insurance, the Defendant is above a person.

Until the time and place, such as paragraph (1), the vehicle was operated without mandatory insurance.

Summary of Evidence

1. Report on the status of driving without license of the police suspect interrogation protocol against the accused;

1. Registers of driver's licenses;

1. The register of automobiles:

1. Application of Acts and subordinate statutes to investigation report, and mandatory insurance contracts are examined;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act (violation of obligation to register ownership transfer), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines, respectively;

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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