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(영문) 창원지방법원 진주지원 2018.01.09 2017고단846
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant does not pay a fine, one hundred thousand won.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law at the Changwon District Court on August 17, 2016, and was sentenced to a suspended sentence of 2 years for a violation of road traffic law at the Jinwon District Court on March 17, 2016. The judgment becomes final and conclusive on

[2] On August 18, 2017, the Defendant: (a) driven a dump truck at approximately four kilometers from the front of the North Korean dump office located in the Hacheon-dong, Chungcheongnam-do, Chungcheongnam-do to the front of the site of the tunnel construction, without obtaining a driver’s license for a motor vehicle around 08:00 on August 18, 2017; and (b) operated a dump truck at approximately four kilometers from the front of the road at the site of the tunnel construction.

The defendant of "2017 Highest 1059" is almost a holder of CST100cc engine devices and is engaged in driving the motor device.

On October 1, 2017, the Defendant, without obtaining a motor engine bicycle driver's license from around 05:55, the Defendant driven the bicycle that was not covered by mandatory insurance at a section of 5 km up to the front of the eudal eudal in the front of the Defendant's house located in Jinju-si, in front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Trial seal of the defendant;

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

1. The ledger of driver's licenses of each motor vehicle;

1. Investigation report (on the site of the case and the case for driving without a license);

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. Inquiry into mandatory insurance (C);

1. Previous convictions: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, report on investigation report (verification of the fact that the period of suspension of execution is in progress), and judgment;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting the crime (motor-free driver's license or choice of imprisonment); Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act; the main sentence of Article 8 of the same Act (motor vehicle operation, choice of imprisonment with prison labor) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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