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(영문) 서울중앙지방법원 2019.07.10 2018고정1856
도로교통법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who drives a two-wheeled motor vehicle B 110CC.

1. No driver or pedestrian of any motor vehicle or horse, other than motor vehicles that violate the Road Traffic Act (limited to emergency motor vehicles for two-wheeled motor vehicles), shall cross or cross an expressway, etc.;

Nevertheless, at around 13:20 on November 17, 2017, the Defendant driven the said two-wheeled motor vehicle at approximately 1.5 kilometers from the Seocho-gu Seoul Seocho-gu Busan High Road, the Busan High Road, which is a motorway for which the passage of two-wheeled motor vehicles is prohibited.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant driving a two-wheeled automobile without mandatory insurance at the date, time, and place under Paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Vehicle register, vehicle license register, and insurance data;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Relevant Article of the Act on Criminal Facts, subparagraph 6 of Article 154 and Article 63 of the Road Traffic Act (Violation of Passing Methods of Two-wheeled Motor Vehicles), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines for the crime;

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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