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(영문) 청주지방법원 2017.01.19 2016고정1033

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal history] On August 30, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of road traffic laws at the Cheongju District Court on the grounds of a violation of road traffic laws (drinking). On November 19, 2016, the said judgment became final and conclusive.

[Criminal facts]

1. On November 8, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a new car without obtaining a driver’s license from an insular place located in Chungcheongnam-gu, Chungcheongnam-si to the front road of the Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City.

2. Any person who takes over an automobile registered in violation of the Automobile Management Act, shall apply for the registration of transfer of ownership of the automobile to the registration office within fifteen days after the cause occurs;

In September 2015, the Defendant received B new franchise vehicle from C in front of the studio-dong, Youngdong-gu, Youngdong-gu, Cheongdong-si, Cheongman, but did not file an application with the registration office for the transfer of ownership of the said new franchise vehicle within 15 days from the acquisition of the said new franchise vehicle without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records and list of seizure;

1. A copy of an automobile registration certificate and a copy of the automobile registration ledger;

1. Detailed details on driver's license:

1. Previous convictions in judgment: The application of the defendant's legal statement, inquiry about criminal history, investigation report (report on the previous convictions in disposition and result report), and copies of the judgment;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on the Selection of Punishment, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the occupation of an application for the registration of ownership transfer, the selection of a fine);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.