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(영문) 의정부지방법원 고양지원 2019.08.22 2019고정536
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Around 13:50 on April 18, 2019, the Defendant was driving a two-wheeled vehicle in BTS30 EVO (263cc) at the 3km section without a two-wheeled vehicle driver’s license, from the road near the Nowon-gu, Seoul Special Metropolitan City, to the location adjacent to the heat-combined power plant located in 69-1, the East-gu, Seoul Special Metropolitan City-ro 69-1.

2. No driver or pedestrian of a motor vehicle or horse other than a motor vehicle violating the Road Traffic Act (for a two-wheeled motor vehicle, applicable only to emergency motor vehicles) shall pass along or cross a road for motor vehicle;

Nevertheless, at around 13:50 on April 18, 2019, the Defendant driven a two-wheeled vehicle BGTS300 EVO (263c) and passed around approximately 3 km along the East-line, which is the exclusive motorway, from the entrance of the East-ro, Seoul Special Metropolitan City, Nowon-gu, to the point next to the new power plant located in 99-ro 70-gil, 99.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Detection of the detection site;

1. Application of Acts and subordinate statutes of next time inquiry (B);

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, subparagraph 6 of Article 154 and Article 63 of the Road Traffic Act, the selection of fines, and the selection of fines;

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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine on April 11, 2019, which was discovered while driving the said two-wheeled automobile without a driver’s license, even before seven days before the date on which the instant crime was committed.

(The District Court 2019 High School 2019 High School 4901): Provided, That the defendant's recognition of the crime of this case and reflects his mistake, the circumstances leading to the crime of this case, the passage of unauthorized driving and motorways, the age of the defendant, and

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