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(영문) 수원지방법원 성남지원 2016.09.07 2015고정1151
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On March 16, 2015, the Defendant driven a B motorcycle at a section of about 8km from the front side of the camping tower in the west-si of the Sungnam-si to the front side of the 175 km of the same Gu, without obtaining a motorcycle driver’s license on March 14:30, 2015.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a B motorcycle that is not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a sentence, and Article 46 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of aggregated amounts);

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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