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(영문) 서울중앙지방법원 2016.08.10 2016고정1773
도로교통법위반(무면허운전)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 15, 2016, the Defendant was sentenced to five months in Seoul Southern District Court due to a violation of road traffic law (unlicensed driving), and the judgment became final and conclusive around that time.

1. Around 14:20 on December 14, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) operated a 2 km car from the later-ro, Seoul Special Metropolitan City, Nowon-gu, to the 44th street in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

2. While the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant failed to buy a mandatory insurance policy and operated the motor vehicle at the same time and place as paragraph 1, in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of violation of traffic Acts (non-licenseed driving) on roads;

1. A report on detection of an offender;

1. Mandatory insurance certificate;

1. The driver's license ledger;

1. Previous records: The defendant's legal statements and application of each statute of the judgment;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 151 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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