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(영문) 창원지방법원 밀양지원 2018.11.29 2018고단480
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Crimes committed on August 27, 2018;

A. On August 27, 2018, the Defendant, at around 09:30, driven a motor device driver’s license in approximately 14 km section, without obtaining a motor device driver’s license, from around 14 km to the front road of the said dwelling area, via the Changwon Protection Monitoring Station, located in 1856, as well as from the road in front of the said dwelling area, the Defendant, at around 09:30 on August 27, 2018.

B. Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance for violating the Guarantee of Automobile Damage Compensation Act on the road, he/she driving the motor vehicle on the date and time and place specified in the above paragraph (a) without mandatory insurance.

2. Crimes committed on August 28, 2018;

A. On August 28, 2018, the Defendant, at around 09:30, driven a motor device driver’s license in the section of approximately 14 km to the front of the said residence, via the Changwon Protection Monitoring Station, located in 1856, as well as through the Changwon Protection Station, which is located in 1856, as well as around the road in front of the said residence, on August 28, 2018.

B. Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance for violating the Guarantee of Automobile Damage Compensation Act on the road, he/she driving the motor vehicle on the date and time and place specified in the above paragraph (a) without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for investigation;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (unlicensed driving) concerning facts constituting an offense, and the selection of fines, respectively, under Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the selection of fines;

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. The Criminal Procedure Act of the Provisional Payment Order.

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