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(영문) 서울북부지방법원 2020.12.03 2020고단1467
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months and a fine of KRW 1,300,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 13, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Accident Compensation Act”), driving and operating a unregistered motor bicycle (number D) without obtaining a license for a motorcycle from a section of about 1km from the front day of the Seoul Jung-gu, Seoul to the front day of the Central Franc Office located in the same Gu without obtaining a license for a motorcycle.

2. The Defendant, at the time, at the place specified in Paragraph 1, was driving on the road a two-wheeled vehicle (number D) by the Defendant, who had not been authorized to use the “B” registration license plate, which had been kept separately from the Defendant, when he sold the off-to-land to another person.

Accordingly, the defendant exercised a two-wheeled automobile number plate which is an illegal air defense.

Summary of Evidence

1. Defendant's legal statement;

1. A list of seized articles and a list of seized articles;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act that choose a punishment, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars not covered by mandatory insurance, the choice of fines), Article 238 (2) and (1) of the Criminal Act (the point of exercising illegal-use air defense);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is a fine for the defendant without a license even in 2010, violation of the Guarantee of Automobile Accident Compensation Act, violation of the said Act, unlawful use of air defense, unlawful use of air defense, and unauthorized driving even in 2018.

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