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(영문) 수원지방법원 2018.03.16 2017고정2844
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Where a person, other than a person entrusted with the operation, etc. of a motor vehicle by a motor vehicle owner or a person who violates the Motor Vehicle Management Act, operates the motor vehicle, a Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension of operation of the relevant motor vehicle upon the consent or request of the owner, and no person shall operate

Nevertheless, on April 27, 2017, the Defendant operated a car by the head of Gangnam-gu Seoul Metropolitan Government, ordering the suspension of operation as of April 26, 2017, the head of Gangnam-gu, Seoul to suspend the operation of the car in front of the welfare center for persons with disabilities at 2469, No. 94, a 2469, and the head of Gangnam-gu, Seoul.

2. On April 27, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) set up a Maart No. 94-gil-ro 2469, and operated a car without obtaining a driver’s license in the section of 1.5 km-ro 2469, the front of the welfare center for persons with disabilities, as seen earlier.

Summary of Evidence

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

1. Investigation report (a civil petition for a motor vehicle in the Gangnam-gu Office and a statement of a public official in charge of registration);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (unlicensed driving), Article 82 subparagraph 2-2 of the Automobile Management Act, and Article 24-2 (2) of the Motor Vehicle Management Act (a violation of an order to suspend operation), and the selection of fines;

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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