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(영문) 광주지방법원 목포지원 2016.10.28 2016고단858
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act;

A. On March 14, 2016, at around 09:00, the Defendant driven a car at approximately 3 km section without obtaining a driving license from the Defendant’s house located in Yong-Namnam Cancer to the point of GS25 located in the same trin central of the same Gun.

B. At around 12:00 on March 15, 2016, the Defendant driven a car at a section of about 3 km from the Defendant’s house located in Yong-Namnam Cancer, to the front road, which is located in the same military fluoral as a fluoral substitute, with approximately 3 km.

C. On March 22, 2016, around 09:00 to 13:20 on March 22, 2016, the Defendant driven a DM520 car at the section of about 5 km, without obtaining a driving license, from the Defendant’s house located in Yong-nam Cancer C to the front of the maritime oil station located in the same military green route.

2. Any person who has taken over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the competent authority within fifteen days from the date of taking over it;

Nevertheless, the Defendant violated the Automobile Management Act by failing to apply for the registration of transfer of ownership without justifiable grounds even though the Defendant acquired DST520 automobiles from E on March 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Application of photographs, motor vehicle registration certificates, driver's license registers, and statutes concerning perusal of motor vehicle register;

1. Relevant Article of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Road Management Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have the record of being punished several times for the violation of the Road Traffic Act (unlicensed Driving), and the defendant continued to drive the vehicle without obtaining the transfer of the right after taking over the vehicle, even though the suspension period is under the suspension of execution, without registering the transfer of the right, and it is inevitable to punish the defendant significantly.

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