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(영문) 광주지방법원 2015.11.05 2015고단3534
도로교통법위반(무면허운전)
Text

[Defendant A] The defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On July 27, 2015, Defendant A, without a motorcycle driver’s license on July 20, 2015, the Defendant driven a 1.5km of 1.5km from the front side of a bus terminal in Young-gu, Young-gu, Young-gu, Young-gun to the front side of the youth conference located in the same Eup/Myeon.

2. On May 2014, Defendant B: (a) discarded Oral Ba, which was previously owned by the Defendant at the Defendant’s residence in Young-gu, Young-gu, Young-gun; (b) removed the number plate of the above Oral Ba and used the Defendant’s registration number plate illegally; and (c) exercised the air defense that was illegally used by operating the Oral Ba, which was attached with the above number plate, in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu.

In addition, as in paragraph (1), the Defendant operated an off-to-land policy without purchasing mandatory insurance.

Summary of Evidence

1. Defendants’ respective legal statements

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Register of two-wheeled automobiles;

1. Application of the photographic Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

(b) Defendant B: Article 238(1) of the Criminal Act; Article 238(2) and (1) of the Criminal Act; Article 238(1) of the Criminal Act; Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act; Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a vehicle which is not mandatory insurance);

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment;

A. Defendant A: Selection of a fine

B. Defendant B: Determination of imprisonment with prison labor

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act ( Taking into account the fact that an automobile not covered by mandatory insurance is a motorcycle and that there exists no penalty power after 2004);

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