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(영문) 청주지방법원 충주지원 2017.11.01 2017고단672

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of one-year imprisonment with labor for a violation of road traffic laws (unlicensed driving) in the Young-gu branch of the Chuncheon District Court on February 7, 2017, and is currently under the suspended sentence as of February 15, 2017.

[Criminal facts]

1. Where an owner of a motor vehicle in violation of the Motor Vehicle Management Act intends to have a cargo loaded in a cargo vehicle, he/she shall obtain approval from the head of a Si/Gun/Gu;

On June 2016, the Defendant: (a) was a person who actually owns and operates a wing and freight vehicle B; and (b) was, without obtaining the approval of the Haju City Mayor, installed the said vehicle in a manner of attaching a steel structure of 2.45 centimeters in length and 1.7 centimeters in width to the goods loaded of the said cargo vehicle.

2. On July 17, 2017, the Defendant was driving a B-wing truck without obtaining a driver’s license from the Do near the central market of the Gangwon-si, Gangwon-si, which is located in the central road of the Gangwon-si, Gangwon-do, to the front road in the Taewon-si, Gangwon-do, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Relevant photographs;

1. The driver's license ledger;

1. Inspection of the chassis and the motor vehicle registration ledger (A);

1. Answer requesting cooperation in legal review;

1. A previous conviction in judgment: The application of a written inquiry about criminal history and a written investigation report (a confirmation of the fact during the period of suspended execution of a suspect);

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 19 and 34 subparag. 1 of the Automobile Management Act (U.S.) of the same Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Circumstances unfavorable to sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The Defendant also committed the instantless driving crime during the suspension of execution of the same crime.