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(영문) 울산지방법원 2019.11.22 2019고단2626
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On November 24, 2016, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Ulsan District Court on June 24, 2016, and on September 19, 2017, the same court was sentenced to four months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. on September 19, 2017, and the said judgment became final and conclusive on January 5, 2018, and the said suspended sentence was invalidated. The Defendant was released on June 29, 2018 during the execution of the sentence and passed on July 15, 2018.

【Criminal Facts】

1. The Defendant is a holder of BPoter II cargo in violation of the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, at around 17:35 on April 22, 2019, the Defendant driven the B Poter Ⅱ without obtaining a driver’s license from D parking lot located in Ulsan-gu, Ulsan-gu, to the front of the F Hospital located in Ulsan-gu, Ulsan-gu, to approximately 1.8 km and without having bought mandatory insurance.

2. On April 22, 2019, the Defendant violated the Road Traffic Act: (a) while driving a B B B Poter truck on April 17:35, 2019 and driving it in a D parking lot located in Ulsan-gu, Ulsan-gu; (b) due to negligence in neglecting the next city, the Defendant destroyed the said car with approximately KRW 1,553,429 for repair costs by obtaining a H car car of the victim G car from the next city and making it available for an exchange at the later bank.

Summary of Evidence

1. Defendant's legal statement;

1. G traffic accident-related statements;

1. Reports on internal investigation and investigation reports;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. The next comparison (Evidence No. 6) and the Mandatory Insurance Association (Evidence No. 7);

1. The register of driver's licenses (Attached Nos. 5);

1. Written estimate;

1. Each photograph;

1. Previous convictions: Criminal records, investigation reports (verification of repeated crimes), copies of each judgment, and application of Acts and subordinate statutes concerning the current status of confinement of individuals;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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