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(영문) 의정부지방법원 2018.02.21 2017고단5032
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than three 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. On October 22, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving the CPoter Cargo Vehicles owned B without obtaining a driver’s license from the 2km section of approximately 99 km-ro, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-do, the 1807 rest area, located in the vicinity of the 1807 rest area, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do, the 3-8 km-ro, Seoyang-do, the 99-ro

2. Any person who violates the Automobile Management Act shall, when he/she takes over a registered motor vehicle, apply for the registration of transfer of ownership to the Mayor/Do Governor, as prescribed by Presidential Decree

On October 2016, the Defendant acquired a small cargo vehicle owned by B from the husband of B in the influent land of the trade name, but did not apply for the registration of the transfer of the ownership of the motor vehicle without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The written statement of the defendant;

1. The driver's license ledger;

1. Application of statutes on motor vehicle registration certificates;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense, and subparagraph 2 of Article 81 and Article 12 (1) of the Automobile Management Act (the point prior to the registration of ownership of a motor vehicle);

1. Selection of each sentence of imprisonment;

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. The defendant's reasons for sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures are limited to the materials confirmed as non-licensed driving.

In addition, it is difficult to punish a fine somewhat.

However, in consideration of the fact that the defendant has no record of criminal punishment other than a fine related to traffic, and the age, sex, environment, attitude after the crime, etc. of the defendant, the punishment as ordered shall be determined.

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