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(영문) 울산지방법원 2016.04.25 2016고정238
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 2, 2015, the Defendant: (a) driven a motor device in the summer-gu, Ulsan-gu, not having obtained a bicycle license on October 2, 2015; (b) under the influence of alcohol content of less than 0.173% while under the influence of alcohol; (c) the Defendant driven a motor vehicle under the influence of less than 125cc in the state of under the influence of alcohol content of 0.173%.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has an objection to the foregoing.

No one shall operate a motor vehicle which is not covered by mandatory insurance on the road, but the defendant operated the above Oral Ba which is not covered by mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing automobile insurance;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 48-2 (2) 2, Article 444 (1) and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each fine;

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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