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(영문) 의정부지방법원 2018.11.08 2018고정766
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. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B Poter freight.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on March 25, 2017, the Defendant operated the said automobile without mandatory insurance on the front road in the Gyeonggi-ri-si, Gyeonggi-do.

2. On March 25, 2017, the Defendant: (a) driven B Poter truck without a driver’s license in a section of about 1 km from the front of the Gyeonggi-si Gyeonggi-si to the front of the same city; (b) around 01:15, on March 25, 2017, without a driver’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The application of mandatory insurance-related Acts and subordinate statutes, the ledger of driver's licenses, and the following inquiry;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (in the case of operating a motor vehicle with no mandatory insurance), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the selection of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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