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(영문) 수원지방법원 평택지원 2017.08.09 2017고단823

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act (unlicensed Driving) and the Guarantee of Compensation for Automobile Damages is a holder of a Cub car in B.

No owner of any motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.

On March 25, 2017, around 15:25, the Defendant driven a coo vehicle in the above B without obtaining a driver’s license from around 52 kilometers in approximately 52 kilometers from the front of the 3-lane cafeteria to the front of the 6 Do basin 50-ro gymn-ro gymn-ro gymn-ro fyn.

2. Any person who has acquired a motor vehicle in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership;

On September 2016, the Defendant acquired a cub car in B from the trading company of a motor vehicle that became aware of through the Internet site “C” and did not file an application for the registration of transfer of a motor vehicle within 15 days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, the ledger of driver's licenses, inquiries about mandatory insurance, and application of statutes of the Motor Vehicle Register;

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) of the Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, Article 81 subparagraph 2 of the Automobile Management Act, Article 81 and Article 12 (1) of the Road Management Act (the point where the obligation of registration of transfer is not fulfilled), and selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, even though the punishment of imprisonment was imposed once and two times of suspended execution due to the observation of protection, community service order, and order to attend the lecture, and the reason for sentencing of Article 62-2 of the Criminal Act, and the punishment was imposed on the driving without a license, etc., the nature of the crime is not weak.

However, it seriously reflects the fact.