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(영문) 서울중앙지방법원 2017.07.11 2016고단7598
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 10, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor system without obtaining a bicycle license, and driving a motor vehicle with the number plate attached 125 cc mera, which was not registered in approximately 200 meters from the roads front of the Changdong New University in Jongno-gu Seoul, Jongno-gu, Seoul to the roads front of the same Gu-ro 80 meters (windong).

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) as a holder of 125cc Oral Ba, without a number plate attached; (b) was prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road; (c) was operated on the said date, time, and place without mandatory insurance.

Summary of Evidence

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to documentary evidence photographs;

1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act, Article 46 (2) 2 and 8 of the Guarantee of Compensation for Automatic Damage, which provides for the relevant criminal facts as to the selective punishment (the point of operating a vehicle which has not mandatory insurance, the choice of imprisonment);

1. Article 37 (former part), Article 38 (1) 3, and Article 50 of the Criminal Act for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the fine so far, considering the fact that there is no criminal history heavier than the fine so far);

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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