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(영문) 서울중앙지방법원 2016.03.08 2015고정4835
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a holder of a two-wheeled vehicle that has not been reported on use.

1. On June 26, 2014, the Defendant driving the said two-wheeled vehicle under the influence of alcohol content of 0.080% in the 1km section of Seocho-gu, Seocho-gu, Seoul, with no motor device bicycle driver’s license, from 2:18:29 on June 26, 2014 to 105 on June 26, 2014.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the driver's license ledger, report on the circumstances of the driver's license, and notification of the results of regulating drinking;

1. Paper of the drinking control result;

1. Application of Acts and subordinate statutes notifying an unqualified motor vehicle;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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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