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(영문) 춘천지방법원 강릉지원 2018.05.24 2018고단128
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, the violation of the Automobile Compensation Guarantee Act is acquitted.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of road traffic law (unlicensed driving) at the Gangnam Branch of the Chuncheon District Court on November 14, 2013 and completed the execution of the sentence at the Gangnam Prison on June 18, 2014.

[Criminal facts]

1. No person, other than an owner of an automobile or a person entrusted with matters concerning the operation of an automobile from the owner of an automobile in violation of the Automobile Management Act;

Nevertheless, on March 10, 2017, the Defendant was parked on the ground of the Gangwon-do Underground Parking Lot in 265, Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, which was located in 265, Gangwon-do, Gangwon-do, Seoul-do, and was parked as security against the person who has

After having brought C-owner D Cost Star Co., Ltd. through E, and without being entrusted by C with C with respect to the operation of automobiles, etc., the said vehicles were operated and managed at a place below Gangnam-si from March 10, 2017 to April 13:15, 2017.

2. On April 4, 2017, the Defendant: (a) driven the said vehicle without obtaining a driver’s license from the front of the “Ghill bus terminal” located in Gangseo-si 15, Gangseo-si, Gangseo-si, Yung-si, to the front of the 1150-km road along the border water of the Suwon-si, Suwon-si; and (b) drive the said vehicle without obtaining a driver’s license from the front of the “Ghill bus terminal” to the front of the 1150-km road.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Original Register of Motor Vehicle Registration;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, investigation report (related to repeated crimes), and the current status of personal expropriation;

1. Relevant Article 81-7-2 of the Automobile Management Act, Articles 81-2 and 24-2 (1) of the Road Traffic Act (the point of operating a motor vehicle by a person other than the motor vehicle user), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment, respectively, concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances in the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and other circumstances, including the defendant's age, sex, environment, health conditions.

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