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(영문) 전주지방법원 군산지원 2017.05.10 2017고단336
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 3, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle BM5 without obtaining a driver’s license from a section of about 2 km from the 17:10 square meters to the first day of the day, which is located in the front day of the neighborhood, located in the YY-si, YY-si, YY-si.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the said SM5 car without mandatory insurance at the same time and place as indicated in paragraph (1).

3. A person who has purchased or sold an automobile registered in violation of the Automobile Management Act shall apply for the registration of ownership transfer to the competent authority within fifteen days from the date of purchase; and

Nevertheless, even though the Defendant purchased the said SM5 car in the name of D through the C Internet website around March 2015, the Defendant did not file an application for ownership transfer registration within 15 days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of the vehicle use written consent, written waiver of the vehicle, written borrowed money, and original register of automobile registration;

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act (the point of application for non-registration of ownership transfer), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of operation of a vehicle with no mandatory insurance), and selection of imprisonment, respectively;

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 under Article 62-2 of the Criminal Act;

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