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(영문) 부산지방법원 2017.03.29 2016고정4081
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a deel pago under 50cc without a license plate.

1. On October 4, 2016, at around 09:51, the Defendant driven a 500-meter radius from around 00 meters to the front road of the National Cemetery of Busan National Police Agency in the same Gu-ro, the same Gu-based city of Busan National Police Agency at around 1, 2016, without obtaining a license from the Commissioner General of the Local Police Agency.

2. When the Defendant was discovered to K on the road in front of the Busan National Institute of Mak-gu, Busan National Cemetery as a part of the day-to-day Busan National Cemetery, the Defendant illegally used another person’s resident registration number by placing another person’s resident number to K with his/her own number, as it was discovered to K on the road in front of the Busan National Institute of Mak-gu.

3. The Defendant operated the above Oral Ba on the road, which was not covered by mandatory insurance, at the time and place specified in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report by police (in cases of driving without a license, etc., and investigating the suspect's land category of enforcement officers);

1. Application of the motor vehicle driver's license ledger and Acts and subordinate statutes to residents;

1. The pertinent legal provisions on criminal facts, and Articles 154 subparag. 2 and 43 of the Road Traffic Act (unlicensed driving), Article 37 subparag. 10 of the Resident Registration Act (the illegal use of resident registration numbers), and Article 46 subparag. 2 of the Guarantee of Automobile Damage Compensation Act provide that “Article 47 subparag. 2 of the Guarantee of Automobile Damage Compensation Act” is stated in the indictment as follows; however, in light of the overall purport of the indictment or evidence record, it is obvious that this is a clerical error and there is no impediment to the Defendant’s exercise of his/her right to defense, and thus, it is recognized as modified.

The main sentence of Article 8 (the point of operating a vehicle with no mandatory insurance) and the selection of each fine

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 Defendant’s assertion of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is a driver’s license as a Obane under 50cc in the instant case.

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