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(영문) 서울북부지방법원 2016.11.03 2016고단3474
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 2, 2015, the Defendant was sentenced to the suspension of the execution of two years for the violation of the Punishment of Tax Evaders Act at the Seoul Central District Court on the 10th of the same month.

[2016 Highest 3474] On July 18, 2016, the Defendant driven B-type cargo vehicles without obtaining a driver’s license in the third section of approximately 3 kilometers from the roads near the construction site of the construction site of the franc city located in the Yong-dong, Seongdong-gu, Sungnam-si, Sungnam-si, to the 366-gil 12, the same Gu.

[2016 Highest 4000]

1. On June 24, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B wing-down vehicle over approximately 1 km section from the North Water Supply and Transportation Center to the 1131 educational training course in the border of the Suwon-si, Suwon-si, Suwon-si, without obtaining a driver’s license on June 17, 2016.

2. No vehicle shall be operated on a road that has not been subscribed for mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated the above wing vehicle that was not covered by mandatory insurance at the same time and at the same place.

[2016 Highest 4320] On August 5, 2016, the Defendant, without obtaining a driver’s license, driven B Poter truck at a section of about 500 meters from the front of the king king-si, Gocheon-si, Gocheon-si, Gyeongcheon-si, to the front of the king-si, 352 Gosi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Helping insurance policies;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with prison labor for each type of crime;

1. From among concurrent crimes, the sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act remains less than three times during the remaining 10th day of a month, while the sentence is disadvantageous to the reason for sentencing.

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