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(영문) 대전지방법원 2019.08.28 2017고단4794
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a holder of the two-wheeled Vehicle B 399C.

1. Violation of the Road Traffic Act;

A. On August 6, 2017, the Defendant, without a Class 2 driver’s license, driven the instant two-wheeled vehicle at an irregular area with a view to: (a) around August 15, 2017, where the Daejeon U.S. is not influence.

B. On September 6, 2017, the Defendant, without a Class 2 driver’s license, driven a two-wheeled vehicle on the roads front of the Jung-gu Daejeon Apartment House, Daejeon on September 17, 2017.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act is prohibited from operating an automobile on the road which is not covered by mandatory insurance as provided by the Guarantee of Automobile Accident Compensation Act, but the defendant operated the automobile with the two wheels which is not covered by mandatory insurance on the road on the date, time and place specified in the above paragraph (1);

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of mandatory insurance-related Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, the provision of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively, for the selection of fines;

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

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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