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(영문) 서울북부지방법원 2013.08.22 2013고단1388
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 27, 2013, the Defendant driving a vehicle for C Twork X-ray without obtaining a driver’s license in the section of about 100 meters from the subway Changdong Station No. 1 to the front side of the restaurant of “Namwon Pool” located in the same 8-1 from the subway Changdong Station, Dobong-gu Seoul, Dobong-gu, Seoul.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a passenger car as stated in the above Paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of punishment, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasoning for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant was punished on or around June 2012 by violating the Guarantee of Automobile Accident Compensation Act, etc., and around that time, he/she should consider that the instant vehicle was a commercial vehicle and operated the said vehicle without a license, even though he/she was aware that it was a commercial vehicle.

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