logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.09.15 2015고단1631
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. On May 7, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) at around 13:25, 2015, driving B Poter II truck at a section of about 80 meters from the road front of the 1st century, in which the trade name is unknown to the head of both sides interesting station, without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of B Poter II, was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance. However, the Defendant operated the said cargo vehicle on the same date, time, and place as described in the preceding paragraph, at the same time and place as mentioned in the preceding paragraph.

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 Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment (the decision to impose a fine shall be made in consideration of the fact that the relevant cargo vehicle is disposed of as a result of the suspension of execution, the fact that the relevant cargo vehicle is going to not to drive again, the fact that the children going to elementary school are standing alone, the fact that the defendant was punished for driving without a license (two times a fine and one time a suspended execution), the situation in which the defendant was driving without a license, and the distance thereof, etc.);

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;

arrow