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(영문) 부산지방법원 2016.05.11 2016고정273
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car B.

1. On September 7, 2015, the Defendant, without a license, driven a road of about 15 meters on the front of the Chungcheong church located in the same Dong in the Seo-gu apartment in Busan, Seo-gu without obtaining a driver’s license on around 07:10 on September 7, 2015.

2. No person who operates any motor vehicle which is not mandatory insurance shall operate any motor vehicle on any road, except the motor vehicles prescribed by Presidential Decree;

Nevertheless, the Defendant driven the car at the same time and place under the preceding paragraph.

3. Although a person who takes over a motor vehicle registered as the transferee of the motor vehicle without the registration of transfer of ownership files an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do Governor, the defendant did not file an application for the registration of transfer of ownership of the motor vehicle without justifiable grounds even after he/she took over the motor vehicle on

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the ledger of driver's licenses, such as the report of a traffic accident, the photograph of damaged vehicles, photographs, and black stuff images, and photographs, mandatory insurance and the application of the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (Operation of Non-Compulsory Motor Vehicles), Article 81 subparag. 2 and Article 12(1) of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); 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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