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(영문) 서울중앙지방법원 2016.06.22 2015고단5391
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 16, 2015, the Defendant violated the Road Traffic Act (non-licenseless Driving) driven a bicycle riding device with B number plate attached from approximately 5 km section from the roads near Gangnam-gu Seoul, Gangnam-gu, Seoul to the front side of the exit 14 in Seocho-gu, Seocho-gu, Seoul, to the south side of the exit 2103, to the front side of the exit 2103.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated automatic bicycles that did not subscribe to mandatory insurance at the same time and place as the foregoing paragraph (1).

3. On July 16, 2010, the Defendant violated the Automobile Management Act: (a) installed a number plate on another person’s BObab, which was issued by the Obaba-gun in the Haba-gun in the Haba-gun in the Haba-gun in the Haba-gun in the Haba-gun; and (b) exercised a number plate unlawfully used by the Defendant from around 2010 to July 16, 2015 by operating the above Obaba-ray.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each investigation report (the sequence 2, 7, 11 of the evidence list);

1. The driver's license ledger, etc.;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Article 154 subparag. 2 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a non- mandatory insurance vehicle), Article 238(1) of the Criminal Act, Article 238(2) and Article 238(1) of the Criminal Act (the illegal use of public sign) of the Criminal Act, Article 238(2) and Article 78 subparag. 2 and Article 71(1) of the Automobile Management Act (the illegal use of a motor vehicle number plate)

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (limited to the crimes of unlawful use of official marks and the crimes of violation of the Automobile Management Act);

1. Violation of the Automobile Management Act, and violation of the Guarantee of Automobile Compensation: Violation of the Road Traffic Act (unlicensed Driving) by option of imprisonment: Selection of a fine;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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