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(영문) 인천지방법원 2015.01.21 2014고단4778
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on July 19, 2012, and on April 10, 2013, the same court was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving) and completed the execution of the said sentence in the Jeonju Prison on March 31, 2014.

around 10:50 on July 6, 2014, the Defendant driven Cgpppp vehicle from around 4 km to the front road of the Jung-dong, Jung-gu, Incheon, Jung-gu, Incheon to the 105 North East Eastern, without a vehicle driver's license.

"2015 Highest 1"

1. On October 13, 2014, the Defendant driven a Cshp vehicle owned by the Defendant under the influence of alcohol concentration of about 10 meters at a 0.156% under the influence of alcohol without a vehicle driver’s license, at around 03:49, 152-10, an atomic-gu Won-gu, Seocheon-si, Seocheon-si. In addition, the Defendant driven a Cshp vehicle under the influence of alcohol concentration of about 0.156%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of C’s car.

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

Nevertheless, at around 03:49 on October 13, 2014, the Defendant operated C's vehicles not covered by mandatory insurance in the inside laps of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, 152-10.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, reports on driving licenses, and mandatory insurance;

1. Previous records: References to criminal records, investigation reports (the confirmation report on the date of release from the court and accompanying reports of the judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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