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(영문) 창원지방법원 2016.10.27 2016고단2786
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 10:30 on August 6, 2016, the Defendant was driving B Poter freight without obtaining a driver’s license at a section of about 20km from the window of Changwon-si to the roads front before Kim Jong-dong, Young-si, Kim Jong-si, Seoul Special Metropolitan City.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing cargo vehicle, which was not covered by mandatory insurance at the time and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes governing the mandatory insurance policy;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

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