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(영문) 대구지방법원 2015.04.24 2015고정359
도로교통법위반(무면허운전)등
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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

The defendant is a person who drives CITI 100G Orala.

1. On December 14, 2014, at around 17:10, the Defendant driven the front side of the Daegu Dong-gu, Daegu-gu, without a motorcycle driver’s license, from approximately 700 meters away from the front side to the front side of the F-ro in the same Gu E.

2. The Defendant is driving the front road in Daegu Dong-gu, Daegu-gu, on the front road.

There are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as growing off the mixed, smelling in the entrance, smelling, red and inaccurate, etc., and that he/she was driving under the influence of alcohol, the Daegu East Police Station G of the Traffic Investigation Team from 18:43 on the same day to 19:13 on the same day requested that he/she comply with a drinking test four times at the emergency room of the H Hospital, but did not comply with it without justifiable grounds.

3. As above, the Defendant, while driving a motor vehicle with no mandatory insurance as above, operated the above otobs without mandatory insurance even though it was prohibited from operating the motor vehicle on the road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. License, chassis, and mandatory insurance;

1. Application of each rejected photographic statute;

1. Article 154 subparagraph 2 of the Act on the Guarantee of Automobile Accident Compensation (amended by Act No. 12987, Jan. 6, 2015) and the main sentence of Article 8, Article 154 subparagraph 2 of the Road Traffic Act, Article 43, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015), the selection of fines for each of them;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) 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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