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(영문) 수원지방법원 평택지원 2018.05.11 2016고단2789
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 26, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a XG car at approximately 1 Km section from the 1110gg street to the 3-lane 46-lane in Pyeongtaek-si without obtaining a driver’s license for a motor vehicle on November 15:10, 2016 to the 3-lane 46-lane in Pyeongtaek-si.

2. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle to the Mayor/Do Governor within 15 days from the date of purchase;

Nevertheless, on November 2015, the Defendant purchased the said vehicle at the store of 2.3 million won or less in Seoul, the Defendant did not apply for the registration of transfer of ownership until November 26, 2016.

3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of XG car by borrowing B.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Original Register of Automobile Registration;

1. Application of each statute on photographs;

1. Article 81 subparagraph 2 of the relevant Act, Article 12 (1) of the Automobile Management Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by aggravation of concurrent crimes: The defendant's age is the same, and the defendant's age is the same.

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