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(영문) 춘천지방법원 속초지원 2015.08.12 2015고단198

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 6, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B-wing truck without obtaining a driver’s license for a section of about 4 km section from the scopic road located in the Seocho-si, Seocho-si, Seocho-si to the parking lot of the Gangwon Passenger’s Seocho-do, located at the center of 447 in the same city.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant, as a holder of B-wing and freight cars not covered by mandatory insurance, was driving the above-wing and freight cars at the time and place specified in paragraph (1).

Accordingly, the defendant operated a motor vehicle not covered by mandatory insurance.

3. On May 6, 2015, the Defendant in violation of the Resident Registration Act notified the said D of his/her resident registration number (F) as if he/she were E in order to conceal the fact of the receipt of a request to present his/her identification card at the parking lot of the Gangwon Passenger Station’s Seocho-ro, 447, at the center of the Seocho-si, a police box of the Seongdong Police Station, in order to conceal the fact of his/her receipt of a request by D.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Each resident inquiry;

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

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 37 subparagraph 10 of the Resident Registration Act, and the choice of imprisonment with labor for each crime (including previous and many persons, etc.);

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

1. Article 62 (1) of the Criminal Act (including the absence of criminal records of the same kind exceeding the fine, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;