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(영문) 의정부지방법원 2016.10.20 2016고단1621
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. Around 18:40 on April 12, 2016, the Defendant driven a B-II cargo vehicle without obtaining a driver’s license in a section of about 4km from 9 km to 881 km-ro 37, 337, 637, 637, 333, 881.

2. A defendant who violates the Guarantee of Automobile Accident Compensation Act shall be a holder of B Poter II cargo, and an automobile not covered by mandatory insurance shall not be operated on the road;

Nevertheless, the defendant operated the cargo Ⅱ on the road which was not covered by mandatory insurance, at the time, at the place of the preceding paragraph, and at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Mandatory insurance policies;

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

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. Selection of each selective fine for punishment (such as the fact that there is no history of punishment exceeding a fine imposed by the defendant, and the fact that the defendant sells a vehicle and does not drive a vehicle any longer);

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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