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(영문) 청주지방법원 2018.08.09 2017고단1097
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

1. The Defendant in violation of the Trucking Transport Business Act is a person who operates a cargo vehicle for private use in C.

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport of cargo.

Nevertheless, on January 23, 2017, the Defendant received 30,000 to 40,000 or more from the person in fact in the name of the Defendant, from the Southern-si to the Dobong-si at the time of harmony, and received 30,000 to 40,000 won from the person in fact, to transport the above cargo for the transport of the cargo, thereby providing the truck for the transport of the cargo for a cost. On the same day, the Defendant received 30,000 won to 40,000 won per six times as shown in the list of crimes in the attached Table and provided the private truck for the transport of the cargo for a cost.

2. Violation of the Traffic Act on roads.

A. On January 23, 2017, the Defendant: (a) driven a motor vehicle Category C without obtaining a driver’s license for a motor vehicle from around January 23, 2017 to from around 11:26, to 20:34, the distance from the south-si of the Republic of Korea to the front road of the Suwon-si, Suwon-si, Suwon-si.

나. 2017. 5. 4. 경 범행 피고인은 2017. 5. 4. 16:50 경 용인시 상하동으로부터 안성시 미 양면 계륵 리에 있는 극동 골프장 앞 도로에 이르기까지 약 20km 의 구간에서 자동차 운전면허를 받지 아니하고 D 라보 화물차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Data to output a personal program;

1. Data on recognizing the number of transit vehicles;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions and Articles 152 subparagraph 1, 43 (Unlicensed Driving) of the Road Act concerning facts constituting an offense, and Articles 67 subparagraph 7, and 56 (Provision of Cargo Transport for Consideration) of the Trucking Transport Business Act, and choice of imprisonment for each sentence;

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. An order to attend a course;

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