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(영문) 수원지방법원 안산지원 2017.06.22 2016고단1915
도로교통법위반(무면허운전)등
Text

A person shall be punished by imprisonment with prison labor for one month for a crime of No. 1 in the judgment of the defendant, and imprisonment with prison labor for three months for a crime of No. 2 in the judgment

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to three months of imprisonment due to a violation of road traffic law (unlicensed driving) in the support of the Suwon Friwon, and the judgment became final and conclusive on April 1, 2016.

Criminal facts

1. Any person who violates the Automobile Management Act shall, where he takes over a registered automobile, apply for the registration of transfer of ownership to the competent authority within fifteen days;

Nevertheless, even if the defendant acquired C vehicle from B at the beginning of March 2015, he did not apply for the transfer registration of ownership to the competent authority within 15 days without justifiable grounds.

2. On April 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Compensation for Motor Vehicle Damages (hereinafter “Motor Vehicle Compensation”), driving a vehicle from around 2 km to the same Eup/Myeon Marndo Road from 12, 2016 to the Mando Road from Mandong Mandong Man-si, Southern-si, Namyang-si, Namyang-si, Nannam-si, to the same Eup/Myeon Mar. 12, 2016.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding report, driver's license ledger, and inquiry into mandatory insurance;

1. Previous convictions in judgment: (A), one copy of a written reply to inquiry, such as criminal history, and one copy of a written judgment, one copy of the personal identification and acceptance status, and the application of dispositions and other previous convictions and Acts

1. Relevant legal provisions concerning the facts constituting an offense, Articles 81 subparagraph 2, 12 (1) (a) of the Automobile Management Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of imprisonment with prison labor, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The crime described in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Punishment of Concurrent Crimes should take into account the equality in cases where a judgment is to be rendered simultaneously with a violation of road traffic laws (unlicensed driving) for which the judgment as stated in the judgment in the judgment becomes final and conclusive.

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