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(영문) 서울서부지방법원 2014.01.17 2013고정1719
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to imprisonment with prison labor for not more than five years and a fine not exceeding 300,000 won in Seoul Western District Court for rape, etc., and the judgment became final and conclusive on October 31, 2013.

1. Violation of the Road Traffic Act;

A. On June 22, 2012, the Defendant, without a driver’s license around 19:50 on June 22, 2012, driven a 49cc obba in a section of about 3 km from the roads near the Seowon-won Fire Station located in Yongsan-gu Seoul Metropolitan Government to the intersection of the same green field.

B. On July 4, 2012, the Defendant, without a driver’s license around 06:55 on July 4, 2012, driven the above Obane from the front day of the Dong-won, Yongsan-gu, Seoul to the roads near the same Dong-won Fire Station.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of 49cc Oral Ba, without any number plate as set forth in paragraph (1), operated the said dial Ba at the date, time, and place set forth in paragraph (1) without mandatory insurance.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Report on detection (violation of the Road Traffic Act), detailed statement of control, report on detection of a case of violation of the Road Traffic Act, and the register of driver's licenses; and

1. Previous convictions in judgment: The ordinary inquiry into cases and the application of each statute of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 2 of Article 154, Article 43, and Articles 153, and Article 46 (2) and 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012); and

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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