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(영문) 수원지방법원 평택지원 2016.12.07 2016고단2011

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

No one shall operate any motor vehicle not covered by mandatory insurance on a road, and no person who has not been entrusted with the operation, etc. of motor vehicle from the owner of such motor vehicle shall operate such motor vehicle.

Nevertheless, at around 06:45 on July 27, 2016, the Defendant, from the front of the facilities in the Dongdong-dong, Chungcheongnam-gu, Seodong-gu to the front road of Pyeongtaek-si 1, 74 Heagu, Seo-gu, Seogdong-gu, Seodong-gu, to the road of Pyeongtaek-si 1, 74 Hearo apartment, without a driver's license, purchased 50,000 won from the person who was not the owner of the vehicle, and operated the D Poter without being entrusted with the matters concerning the operation of the vehicle from the construction of the Kuadong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the police (report on the situation of driving without a license);

1. Requests for cooperation (verification of whether business is closed) and replies thereto;

1. Reporting on the investigation of the police of September 3, 2016;

1. Registers of driver's licenses;

1. Automobile register;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty, Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of mandatory insurance vehicles), and Articles 81 (7-2 and 24-2 (1) of the Automobile Management Act (the operation of automobiles by a person other than the automobile user)

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;