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(영문) 의정부지방법원 2016.11.18 2016고단2855
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 12, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Jung-gu District Court, which became final and conclusive on May 20, 2016.

【Criminal Facts】

1. On May 7, 2016, at around 16:20 on May 7, 201, the Defendant driving a B Obaba without obtaining a driver’s license in a section of about 2 km from the influora-dong (hereinafter referred to as “influora-dong”) to approximately 2 km from the influora-dong (hereinafter referred to as “influora-si”) to approximately

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of two-wheeled automobile.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she is driving the motor vehicle which is not covered by mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses and mandatory insurance;

1. Previous records: Criminal history records, etc., report on the previous records of dispositions and results of confirmation, judgment No. 2015 High Court Decision No. 2015 High Court Decision No. 4932, investigation report (Attachment to search of cases by Supreme Court b.) and application of Acts and subordinate statutes to the

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. The public prosecutor who finds the confiscation of the provisional payment order under Article 334(1) of the Criminal Procedure Act requests the confiscation of the B motorcycle (hereinafter “the instant motorcycle”) in the holding that it was not seized under Article 48(1) of the Criminal Act.

Article 48 of the Criminal Act is also applied to lives, motor bicycles that were driven at the time of the instant crime.

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