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(영문) 울산지방법원 2018.07.13 2018고단1627
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for a period of three months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

1. On October 14, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven a bicycle with a motor device of approximately 15 km section B 125CC-ro without a motor device bicycle driver’s license from the front side of the chemical apartment of the 14th class in Ulsan-dong, Ulsan-gu, Ulsan-do to the front side of the 15 km-gu.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages (a person who did not mandatory insurance) operated a bicycle, which was not covered by mandatory insurance, at the same time, at the same place and place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the mandatory insurance-related Acts and subordinate statutes to a report on the occurrence of traffic accidents, on-site map, field photograph, each suspect's photograph, ozone photo, survey report on actual condition, license ledger, and inquiry into the actual condition of traffic accidents;

1. Relevant Article 154 Subparag. 2 and Article 43 of the Road Traffic Act, the operation of mandatory insurance with no choice of fines: Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of 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 (limited to imprisonment with prison labor);

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the nature and responsibility of each of the crimes in this case; (b) the motive and motive of the crime; (c) the criminal defendant has the history of punishing the violation of Road Traffic Act (unlicensed driving); (d) the criminal history of the crime of violating the Road Traffic Act (unlicensed driving) and the criminal history of punishing the violation of the Guarantee of Automobile Compensation Act No. 5; (c) the health of the criminal defendant

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