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(영문) 대구지방법원 2020.09.16 2020고정786
자동차손해배상보장법위반등
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

A. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled vehicle at 125 cc. without a number plate.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

Nevertheless, at around 06:55 on February 7, 2020, the Defendant driven the above two-wheeled vehicle without mandatory insurance, where approximately one kilometer from the front road of the Gu D, in front of the store located in the Daegu Suwon-gu, Suwon-gu, Daegu-si B.

B. Violation of the Road Traffic Act (unlicensed driving) driving a vehicle with the same wheels at the same time and place as the above paragraph (a) without a driver’s license.

Summary of Evidence

1. Application of Acts and subordinate statutes to police officers' written statements E, police officer's license register, and mandatory insurance investigation report (for suspect's residence and place of commencement of driving), on the defendant's legal statement E;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, the main sentence of Article 154 of the Road Traffic Act, and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

(The amount of fine shall be reduced in consideration of the fact that the defendant's driver's license has not been acquired or has not been insured until now since the defendant was driven by the purchase of Oral Bab, but the illegality is not weak, considering that the defendant was the first offender, and the age and economic situation of the defendant.

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