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(영문) 춘천지방법원 2015.12.03 2015고단903
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around 20:20 on May 5, 2015, the Defendant driving a vehicle B, 3:4 wheeled a vehicle without obtaining a driver’s license at approximately 50 km section from the entrance of the Gyeongyang-gun, Yangyang-gun, Seoyang-gun, Seoyang-gun, to the Gangnam-si, Yung-si, Yung-si, YY-si, YY-si, YY-si.

2. Although the Defendant is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the B Bas 4-wheeled vehicle without mandatory insurance at the time and place specified in paragraph (1).

3. On April 2015, the Defendant violated the Automobile Management Act, without obtaining approval from the head of a Si/Gun/Gu, installed a fertilizer spraying machine on the rear part of the loading box of the B B B B B B B B B 4 wheeled vehicle in the Gosung-gun, and operated the instant installed vehicle at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of non-licensed driving violations;

1. On-site photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 81 Subparag. 19 and Article 34 of the Automobile Management Act, Article 81 Subparag. 20 and Article 34 of the Motor Vehicle Management Act concerning facts constituting an offense;

1. Articles 40 and 50 (Crime of Violation of the Road Traffic Act, Violation of the Guarantee of Automobile Accident Compensation Act, violation of the Automobile Accident Compensation Act, trade of violation of the Automobile Management Act due to the operation of illegally operated automobiles, and punishment prescribed for violation of the Guarantee of Automobile Accident Compensation Act, of which punishment is the largest);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, four-timeless licenseless driving shall be granted to the defendant for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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