beta
(영문) 광주지방법원 2016.01.14 2014고단4473

도로교통법위반(무면허운전)등

Text

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

Reasons

Punishment of the crime

The defendant is the actual holder of the B Trate car.

On September 30, 2014, around 19:40, the Defendant driven the said tetrain car without obtaining a driver’s license from the front side of the Hasung-Seoul High Hospital located in 259, the Haak-gu, Gwangju, to the Eastdong of the same Gu, and without obtaining a driver’s license from approximately 5km to the Eastdong of the same Gu.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. A driver's license inquiry;

1. The driver's license ledger;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment for each type of punishment;

1. On August 23, 2012, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed a number of identical criminal offenses against the Defendant, and due to the same criminal facts as the last one, the Gwangju District Court sentenced him/her to imprisonment for six months at the time of suspension of execution, and three years at the time of suspension of execution, and re-offendered without being aware of it during the period of suspension of execution.