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(영문) 서울북부지방법원 2016.10.27 2016고정953
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On March 18, 2016, the Defendant violated the Road Traffic Act (free license) driving of a motor vehicle, without obtaining a license for a motorcycle around 07:10 on March 18, 2016, the Defendant driving a motor vehicle at approximately 49cm from the road near the Dongdaemun-dong University in Dongdaemun-gu, Seoul to the Gyeongdong market intersection in Dongdaemun-dong, Dongdaemun-gu, Seoul.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 49C Occ.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated 49cc Oral c. without any serial number that was not covered by mandatory insurance at the time, place, such as Paragraph 1.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Application of the register of driver's licenses, details of registration of two-wheeled automobiles, and statutes governing compulsory insurance;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines;

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 for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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