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(영문) 서울서부지방법원 2018.11.22 2018고단2666
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 29, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driven a motor bicycle at approximately 1 km section from Eunpyeong-gu Seoul to the roads adjacent to the same Gu, without obtaining a motor device license, from around 22:00, DCA110 E bicycle.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, around 22:00 on July 29, 2018, the Defendant operated the above CA110 E-Engine bicycle that was not covered by mandatory insurance on the front road of Eunpyeong-gu Seoul apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (Operation of Motor Vehicles which are not Mandatory Insurance), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, and the selection of fines for each type of fine (see, e.g., Supreme Court Decision 200Do439, Jun. 2, 2006);

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;

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