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(영문) 창원지방법원 마산지원 2015.12.09 2015고단769
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On July 2, 2015, the Defendant violated the Road Traffic Act (unlicensed without a license) operated a 100 Oral Baba (in 200cc) on the following grounds: (a) on July 17, 2015, without obtaining a motorcycle driver’s license; (b) on July 2, 2015, the Defendant did not register the use of approximately 1 km from the village in which it was in the vicinity of the Haan-gun-gun, Haan-gun-gun, Chungcheongnam-gun,

2. The Defendant in the unlawful use of air defense, and the unlawful use of air defense events committed an unlawful use of air defense in the 2015, where it is difficult to find out the trade name located on the west-gun of the west-gun of the west-gun of the spring of spring of 2015, at the irrigation center, the number plates B, which had been held for the purpose of operating the west-gun as specified in paragraph 1, are attached to the above west and used for the purpose of using the air. At that time, the Defendant exercised the air defense, which was used unlawfully by operating the west-gun with the above number plates attached from the date specified in paragraphs 1

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the above Oral Ba, which was not covered by mandatory insurance, as a holder of Oral Ba, at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (No. 5 No. 5 of the evidence list);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning criminal facts, Articles 154 subparagraph 2, 43, 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 238 (2) of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Road Traffic Act (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1111, Jan. 1, 2011>

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