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(영문) 인천지방법원 2014.01.24 2013고정4701
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Road Traffic Act (unlicensed driving) from July 20, 2013 to September 2, 2013, even though the validity of the driver’s license was suspended, the Defendant driven B-low car on the front of a restaurant in which the trade name in the Southern-gu Incheon Metropolitan City is unknown at around 04:10 on August 23, 2013 to the beer in front of the restaurant in which it is impossible to identify the trade name in the Southern-gu, Incheon Metropolitan City, and from August 23, 2013.

2. No defendant in violation of the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance as a holder of a Brane motor vehicle;

Nevertheless, on August 23, 2013, the Defendant did not subscribe to mandatory insurance, and operated the said motor vehicle on the road front of the beer building located in 166, Nam-gu, Incheon Metropolitan City, Nam-gu.

3. If a motor vehicle registered in violation of the Motor Vehicle Management Act is taken over, the registration of transfer of ownership of such motor vehicle shall be made to the competent authority within 15 days.

Nevertheless, on May 9, 2012, the Defendant received Brane car from D Used Motor Vehicle Trading Company located in Yeongdeungpo-gu Seoul Metropolitan Government, but did not apply for Brane car transfer registration to the competent authority within 15 days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the ledger of driver's license (15 pages), the chassis (19 pages), the mandatory insurance bureau, and the copy of the contract for sales of used cars;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Motor Vehicle Management Act, the selection of each fine for a crime;

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

1. Articles 70 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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