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(영문) 수원지방법원 안양지원 2020.01.10 2019고단2067
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

The defendant is a holder of unregistered 125cc.

1. On October 11, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a 2km section from the front side of the previous B apartment to the front side of the same Sinan-gu at the same time without obtaining a motorcycle driver’s license on October 11, 2019.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said urbane on the road, which was not covered by mandatory insurance at the time and place under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. On-site photographs;

1. Report on the detection of an unqualified motor vehicle;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, 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 (Operation without Registration, Selection of Imprisonment or Imprisonment), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of imprisonment shall be suspended in consideration of the fact that, even after it was discovered twice due to non-registered misregistered misregistered misregistered misregistered misregistered misregistered misregistered misregistered misregistered misregistered misregistered inquiry in this case, choice of imprisonment for a crime of violation of the Guarantee of Automobile Accident Compensation Act shall be made, but the attitude of reflecting misregistered misregistered misregistered misregistered

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

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