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(영문) 대구지방법원 상주지원 2019.06.25 2019고단38

도로교통법위반등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 26, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving, at around 06:10 on October 26, 2018, driven C Poter freight without obtaining a driver’s license in front of B at the time of stay.

2. Any person who takes over a motor vehicle registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, the Defendant operated the above cargo vehicle without making a transfer registration of ownership until October 26, 2018, even though he/she purchased the above C cargo vehicle from D at a non-permanent area (hereinafter referred to as "non-permanent area") around October 2017 after giving up KRW 3 million and purchased it.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not mandatory insurance;

Nevertheless, around October 26, 2018, the Defendant operated the above C Poter Cargo Vehicles, which was not covered by mandatory insurance on the road stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Registers of driver's licenses;

1. Mandatory insurance policies (C);

1. Automobile registration certificate (C);

1. An accident scene photograph;

1. Application of the written estimate statutes;

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that reflects the mistake of the defendant, the damage to traffic accidents, the agreement with the victim is minor

1. The amount of probation, community service order and order to attend a lecture, one time a sentence of imprisonment, two times a suspended sentence and a higher sentence of imprisonment from 2004 to 2016 under the Criminal Act due to an unlicensed driving, etc.;