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(영문) 서울중앙지방법원 2016.11.22 2016고정3277
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around August 19, 2016, the Defendant driven a BV125 motorcycle owned by the Defendant without obtaining a motorcycle driver’s license from the front of the 341 Cheongcheon-ro, Jongno-gu, Jongno-gu, Seoul to the front road of the 295 Cheongdo-ro 300 meters wide from the front of the 341 Cheongdo-ro, Jongno-gu, Seoul to the front road of the 295 Cheongdo-ro.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said motorcycle which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Photographs of the controlling vehicle;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance (based on August 19, 2016)

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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