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(영문) 부산지방법원 2020.06.01 2019고단5522
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

On August 19, 2019, at around 10:45, the Defendant driven a motor bicycle without obtaining a license for a motor bicycle at a distance of about 6 km from the front of the East-gu East-dong residents' center located in the East-gu, Busan, through the East-dong residents' center located in the East-gu, Busan, without obtaining a license for a motorcycle at a distance of about 6 km in front of the East-dong intersection located in the East-gu, East-gu, the Defendant driven a mixed PCX125cc c Stock without obtaining a license for a motor bicycle, and at the same time, operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of a report on detection of violation of the Road Traffic Act;

1. Entry in the register of driver's licenses;

1. Application of Acts and subordinate statutes to entries in each mandatory insurance policy;

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

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (Punishment prescribed for a violation of the Guarantee of Automobile Accident Compensation which is heavier than punishment);

1. Selection of an alternative fine for punishment;

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

1. The defendant's assertion on the provisional payment order of Article 334 (1) of the Criminal Procedure Act argues that the defendant had already paid a penalty surcharge or a fine for negligence concerning the operation of the instant Obane without mandatory insurance.

According to Articles 50(1), 46(2), 51, and 53(1) of the Guarantee of Automobile Accident Compensation Act, the act of operating an automobile not covered by mandatory insurance constitutes an offense prescribed by the said Act, and the head of a Si/Gun/Gu or the chief of a police station may notify an offender who has committed an offense to pay a penalty, and the person who has received a penalty payment notice shall not be punished again for the offense.

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