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(영문) 인천지방법원 부천지원 2017.11.01 2017고단1682
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant violating the Road Traffic Act (unlicensed Driving) stated in the official complaint 2017 as 2016, but the clerical error is obvious and thus corrected.

6. On 30. 13:50, at around 13:50, a car from the front of the Kimpo-si, Kimpo-si, Kimpo-si, 37-15, operated without obtaining a driver’s license from approximately 17km in the section of 17km in front of the road as Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

2. Any person who takes over an automobile registered in violation of the Automobile Management Act, shall apply for the registration of transfer of ownership of automobile within fifteen days after it takes over;

Nevertheless, the Defendant received from D an automobile from C to a place where it is impossible to identify the place on April 2017, and applied for the registration of transfer of ownership without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the vehicle driver's license ledger, the vehicle registration ledger, and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (unlicensed driving), subparagraph 2 of Article 81 of the Automobile Management Act, and Article 12 (1) of the same Act (in cases where the registration of ownership transfer is not made) of the Automobile Management Act, and selection of imprisonment with prison labor;

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 same sentence as the order shall be determined by comprehensively taking into account the following circumstances: the defendant’s age, occupation, sex, family relation, living environment, developments leading to the crime, circumstances after the crime, etc. under the reason of sentencing under Article 62-2 of the Social Service Order Act, and the conditions of sentencing indicated in the records.

- The Defendant may have a record of being punished by drinking, driving without a license, etc.

On June 5, 2015, one year of suspended sentence due to driving under the influence of alcohol, etc., two years of suspended sentence, and even if the protection and observation were under the protection and observation, he/she was sentenced to a fine of KRW 3 million on January 21, 2016.

Nevertheless, it is again.

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