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(영문) 인천지방법원 부천지원 2016.09.23 2016고정963
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

1. On December 23, 2015, the Defendant, without obtaining a driver’s license, driven a vehicle for passenger use owned by himself/herself at a distance of approximately five meters from around 118 home plugs in front of the 118 Home plug, Seocheon-si, Seocheon-si.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on the road which has not been covered by mandatory insurance pursuant to Article 8 of the Guarantee of Automobile Damage Compensation Act, but shall drive a motor vehicle B which has not been covered by mandatory insurance as mentioned in the above paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of C and D;

1. Fact-finding survey report, traffic accident occurrence report, driver's license ledger, and mandatory insurance inquiry;

1. Application of accident scene photographs and vehicle photographs statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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