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(영문) 부산지방법원 2019.10.18 2019고정973
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around 06:30 on August 4, 2017, the Defendant driving a 125CC at a section of about 1k meters from the Busan Jindong to D located in the same Gu C, without a motor device driver’s license.

2. No automobile which is not subscribed to the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, shall be operated on a road;

Nevertheless, the Defendant driven a motorcycle owned by the Defendant, which was not covered by mandatory insurance, such as the preceding paragraph, at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the register of driver's licenses and the Acts and subordinate statutes notifying the detection of unregistered two-wheeled vehicles;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving a motor bicycle without a license), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines;

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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