beta
(영문) 춘천지방법원 2017.09.25 2017고단860

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On January 27, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic laws (unlicensed driving) at the Chuncheon District Court on July 28, 2015, and the execution of the sentence was terminated on July 28, 2015. On May 11, 2017, the Chuncheon District Court sentenced the Defendant to eight months of imprisonment for a violation of road traffic laws (unlicensed driving) and became final and conclusive on May 19, 2017.

[Criminal facts]

1. On April 3, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Class II car with C gallon in a gallon, without obtaining a driver’s license from the Dor in front of Gyeongcheon-si, Chuncheon to the Defendant’s house located in I of the same city from around 2 km to the Dor in the same city.

2. Where the owner of a motor vehicle or a person who has not been entrusted with matters concerning the operation, etc. of a motor vehicle from the owner of the motor vehicle in violation of the Motor Vehicle Management Act, but operates the motor vehicle without justifiable grounds, the Mayor/Do Governor or the head of the Si/Gun/Gu may order the suspension of operation of the relevant motor vehicle at the consent or request, etc.

C gallon gallon car II was ordered to stop the operation on November 2, 2016 at the request of T owner, but the Defendant was ordered to stop the operation as above at the time and place specified in paragraph 1.

Accordingly, the defendant operated the vehicle in violation of the suspension of operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report (to hear statements by witnesses Q phone), the official door to order the suspension of operation, and the register of driver's licenses for automobiles;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes during the confinement of suspects and pending trial);

1. Article 152 subparagraph 1 of the relevant Act and Article 152 of the Road Traffic Act (the driver's licenseless driving of a motor vehicle and the choice of imprisonment) concerning facts constituting an offense, Articles 152 and 43 of the Road Management Act (the driver's licenseless driving of a motor vehicle and the choice of imprisonment), Articles 82 subparagraph 2-2 and 24-