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(영문) 서울동부지방법원 2018.01.25 2017고단3921

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a holder of a car in C Spanpo-land.

1. On October 7, 2017, the Defendant was driving the said car without obtaining a driver’s license from the Seoul Special Metropolitan City Gwangjin-gu Gambro street to around 3km from around 129:41 to around 41:5 on October 7, 2017.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

3. No driver of any motor vehicle, etc. violating the traffic laws on roads shall threaten or endanger any other person, or cause any danger to traffic, by consecutively committing two or more acts from among the matters prohibited from driving in distress, such as a violation of signal or direction and a median line, etc., or by continuously or repeatedly committing any one act;

From October 18:55 to 19:05 on October 7, 2017, when the Defendant was demanded by a police officer during the patrol while driving the said vehicle, the Defendant went to the left in violation of the vehicle stop signal while avoiding control, and went to the left while driving the vehicle on one-way road, in violation of the direction prohibiting entry into the vehicle on one-way road, carried to the left while driving the vehicle on the other-way road, carried to drive the vehicle on the other-way road, carried the vehicle on the other-way road, pushed the central line, carried the vehicle on the other-way road, followed the act of violating the central line, thereby causing danger to traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. The register of vehicle drivers, inquiry of mandatory insurance, and driver's licenses;

1. Application of the photographic Acts and subordinate statutes by cutting a black stuff, video, and cutting down a course;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (non- mandatory insurance) and the Road Traffic Act.