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(영문) 전주지방법원 2017.01.24 2016고정824
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the owner of Scot 110cc Oral land in a unregistered substitute forest.

1. On July 25, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving on the part of approximately 2 km from the front side of the Yung-gu, Seoul Special Metropolitan City to the front side of the 384 Kuk-gu, Seoul Special Metropolitan City, without a bicycle driver's license for a motor device at around 16:10 on July 25, 2016.

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

Nevertheless, on July 25, 2016, the Defendant operated the above Oba, which was not covered by mandatory insurance at approximately 2 km section from the front road of Yandong-gu, Seoul Special Metropolitan City on the front road of 16:10, to the front road of 384, Jinjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspects in violation of the Traffic Act (non-licenseed driving) on roads;

1. Notification of the detection of unregistered soil contamination;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act, and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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