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(영문) 서울서부지방법원 2017.03.31 2016고정1538
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 11:30 on June 21, 2016, the Defendant driven BM-W motor vehicle without obtaining a driver’s license from around 20km from the front side of the Seoul Mapo-gu Seoul Mapo-gu 82-dong to the front side of the Sungnam-gu 2338-1-dong.

2. An automobile in violation of the Automobile Management Act shall be operated by the automobile owner entrusted with the matters concerning the operation, etc. of automobiles by the automobile owner or the automobile owner;

The Defendant was not entrusted with matters concerning the operation, etc. of automobiles by Korea of social services, which was BMW car owners.

Nevertheless, the Defendant operated the said BMW motor vehicle, which was transferred from August 30, 2015 to June 21, 2016 from Seoul and Manam House to June 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Details of comprehensive vehicle taxes;

1. Application of Acts and subordinate statutes to a report on investigation (verification of entrustment of operation of suspects);

1. Selection of each fine under Article 152 subparagraph 1 of the relevant Act on the Traffic of Roads (unlicensed Driving) and Article 43 of the same Act on the facts constituting an offense, Article 81 subparagraph 7-2 and Article 24-2 (1) of the Automobile Management Act (the operation of an automobile without being entrusted) and Article 24-2 (1) of the same Act;

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

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