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(영문) 인천지방법원 2014.03.27 2013고단6325

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On November 2, 2012, the defendant was sentenced to a fine of KRW 3 million due to the violation of the Road Traffic Act (unlicensed Driving) in the Cheongju District Court's Cheongju branch on November 2, 2012, and was punished for the same kind of without permission three times more.

[2013 Highest 6325] On August 28, 2013, the Defendant driven B Poter Cargo Vehicles within the section of about 6 km from the front day of the company "Yam-gu, Jinsan-gun, Jincheon-gun, Jincheon-gun, Busan, and the front day of the road 282KKM, which is around 6 km of Jincheon-gun, without a driver's license.

[2014고단1624] 피고인은 2014. 2. 8. 10:50경 자동차 운전면허 없이 충북 충주시 대소원면에 있는 아비숑모텔 앞 도로에서부터 같은 면 완오리에 있는 충주 톨게이트 앞 도로까지 약 2km 구간에서 위 B 포터 화물차를 운전하였다.

Summary of Evidence

[2013 Highest 6325]

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Registers of driver's licenses;

1. References to criminal records and investigation reports (verification of the same kind of records);

1. Defendant's legal statement;

1. Report on the occurrence of the case;

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

1. Registers of driver's licenses;

1. Application of statutes to reply to criminal records, etc.;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime.

1. Of concurrent crimes, an aggravated punishment for concurrent crimes within the scope of the sum of the long-term punishment for a violation of the Road Traffic Act (Unlicensed Driving) as of August 28, 2013, which was determined by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to one year and six months; and

2. Determination of sentence: Imprisonment for four months, suspended sentence one year, community service for 40 hours, order to attend a law-abiding driving lecture for 40 hours (contributed circumstances) and the violation of the Act on Special Cases concerning the Handling of Drinking and Traffic Accidents after 204.