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(영문) 서울북부지방법원 2017.01.12 2016고단4618
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 29, 2016, the Defendant: (a) driven a motor bicycle without a license, from approximately 4.7 km to around 29 km-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, to around 137 km in Seongbuk-gu, without obtaining a driver’s license; (b) around 11:04, the Defendant driven a bicycle without a license.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) in order to drive a bicycle on the same date and time as stated in Paragraph (1) and in the same section, he operated the bicycle on the road without being insured despite having subscribed to mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding report, ledger of driver's licenses for automobiles, and inquiry into disqualifications;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the same Act (the point of license for the driver’s license for the bicycle riding), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which has not mandatory insurance), and the selection of fines, respectively;

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. Circumstances unfavorable to the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Five times by driving without a license, and one time by violating the Guarantee of Automobile Damage Compensation Act, which are contrary to the circumstances favorable to the opinion; and

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