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(영문) 인천지방법원 2018.02.02 2018고정2
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On September 25, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a two-wheeled vehicle without obtaining a two-wheeled vehicle license on September 12:40, 2017, driving a two-wheeled vehicle at approximately 200 meters from the 1st day of the 9-ro, Yoon-ro, Gyeyang-gu, Incheon, Gyeyang-gu, to the 1133rd road, along the name of the same Gu.

2. No person who violates the Guarantee of Automobile Compensation Insurance shall operate any automobile which is not covered by mandatory insurance provided for in the Guarantee of Automobile Compensation Insurance Act on the road;

Nevertheless, the defendant operated the two-wheeled automobile which was not covered by mandatory insurance at the time and place of the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to computerized inquiries into the driver's license ledger and mandatory insurance certificates issued;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of fines, respectively;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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