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(영문) 광주지방법원 2018.05.03 2018고단812
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[2018 Highest 812] On February 13, 2018, the Defendant driven a car for car in the section of about 50 meters from the day before the 714-11, Dong-gu, Gwangju, without a driver’s license, on the 17:40-round February 13, 2018, to the day before the 716-on-ro, Dong-gu, Gwangju.

[2018 Highest 981] On January 21, 2011, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine of KRW 2,50,000 for a crime of violation of road traffic law at the Gwangju District Court, and on October 19, 2017 to a fine of KRW 7 million for the same crime at the Gwangju District Court.

1. On March 9, 2018, the Defendant, at around 18:10 on March 18, 2018, driven a motor device bicycle driver’s license at a section of 300 meters from the parking lot in front of Yongsan apartment houses located in the 718-ro, dong-dong-gu, Gwangju to the front of a police box located in the Southern East-gu, Gwangju, without obtaining a motor device driver’s license, while under the influence of alcohol level of 0.120%.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) the owner of a large SL125 two-wheeled automobile; and (b) any two-wheeled automobile not covered by mandatory insurance shall not be operated on the road; (c) the two-wheeled automobile shall be operated on the same date and time as, and at the same place, as, the mandatory insurance as,

Summary of Evidence

[2018 Highest 812]

1. Statement by the defendant in court;

1. Registers of driver's licenses (2018 Height 981);

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and summary order, respectively;

1. Article 152 subparag. 1, Article 43 of the Road Traffic Act (on the part of driving a non-licensed motor vehicle), Article 154 subparag. 2, Article 43 of the Road Traffic Act (on the part of driving a non-licensed motor vehicle), Article 148-2 subparag. 1, Article 44(1) of the Road Traffic Act (on the part of driving a non-licensed motor vehicle), and Article 148-2(1) of the Road Traffic Act concerning facts constituting an offense.

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