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(영문) 인천지방법원 2018.11.05 2018고정945
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 19:40 on April 19, 2017, the Defendant driving a BM7 car owned by the Defendant without a vehicle driver’s license, with approximately KRW 300 meters up to 46 meters in front of the 58-ro-ro of the Michuhol-gu Incheon Soon-ro, Incheon, Muon-ro.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a driver of BM7 passenger car.

No driver of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, at around 19:40 on April 19, 2017, the Defendant operated the said car without mandatory insurance with approximately KRW 300 meters up to 46 m of the same Gu-ro-ro, Nam-gu, Incheon, Nam-gu, Incheon.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to make a report on the situation of driving without a license, the ledger of driver's license, the tea inquiry, the inquiry about mandatory insurance, and inquiry about non-performance of mandatory insurance;

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

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for 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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