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(영문) 춘천지방법원 강릉지원 2015.11.25 2015고단1113

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 20, 2010, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a fine of KRW 2,50,000 for the same crime in the above court on March 11, 2013

【Criminal Facts】

On August 8, 2015, the Defendant operated the Defendant’s vehicle at a section of approximately 50 meters from the street surface at the entrance of the central market in Gangnam-si, Gangnam-dong to the front side of the building “Central Market” located in the same 24 meters from the street surface at the entrance of the central market in Gangnam-si, Gangwon-si, without obtaining a driver’s license at around 18:50 on August 8, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A traffic accident report, a actual condition survey report, an accident-related photograph, an accident-related photograph, a master-employed driver's license report, a motor vehicle driver's license register, and an investigation report (Recalculation of alcohol concentration in blood);

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (report accompanied by a summary order);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. It shall be decided as ordered for the reason of probation, community service and lecture attendance order under Article 62-2 of the Criminal Act or more;