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(영문) 수원지방법원 평택지원 2017.08.17 2017고단731
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 in violation of the Automobile Management Act did not apply for the registration of transfer within 15 days, even if he/she received the D Poter cargo vehicles owned B from the “C” office located in the official city around October 2015.

2. Violation of the Guarantee of Automobile Compensation, Violation of the Road Traffic Act (Non-licensed Driving), the Defendant: (a) owned DPoter Cargo Vehicles; (b) driven the said Cargo Vehicles not covered by mandatory insurance on March 20, 2017 from Bluan-dong roads (hereinafter referred to as Bluan-dong roads) to Bluan-dong roads (hereinafter referred to as Bluan-dong roads) without obtaining a driver’s license around March 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Mandatory insurance inquiry and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 81 subparagraph 2 of the Automobile Management Act, Article 81 and Article 12 (1) of the Automobile Management Act (the fact that a person is not obligated to make a transfer registration), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (the fact that a person has not mandatory insurance) of the Guarantee of Automobile Compensation, and the choice of imprisonment, respectively;

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. Consideration of the observation of protection and the operation of a vehicle for the purpose of sentencing under Article 62-2 of the Social Service Order Act, including the fact that the vehicle has been punished four times due to the operation without a license for the reason of sentencing, and the fact that the vehicle without mandatory insurance continuously drives a vehicle without a license even though the same vehicle has a record of punishment for not mandatory insurance, the fact that there is no previous record of exceeding the fine,

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