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(영문) 전주지방법원 정읍지원 2019.01.22 2018고단58
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

except that 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

1. On January 4, 2018, the Defendant, around 09:00 on January 4, 2018, driven a Class B-III truck without obtaining a driver’s license in the section of approximately 30km from the roads adjacent to the nautical miles of the Gosong-gun, Chang-gun, the same military branch, to the high-speed police station parking lot located in the same military branch.

2. The criminal defendant committed on February 1, 2018, who committed the crime, the North Korean Peninsulaon February 12:50 around February 1, 2018;

C. From the front to the road at the 15 km area of the Gogyeong-do Highway (Sagll bank) in the front to the front to the road, the vehicle driver's license was operated at approximately 12 km area without obtaining the vehicle driver's license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each place of criminal;

1. Registers of driver's licenses;

1. Six copies of a field photograph;

1. Disqualifications of the main office;

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

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime committed on January 4, 2018 of the instant case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution causes an accident where the distance from driving without a license is considerably long and the vehicle was parked and the other vehicle was shocked. In addition, the crime committed on February 1, 2018 of the instant case is not likely to be committed even if the crime was discovered and investigated on the same day.

Although the Defendant asserts that the Defendant was trying to move rapidly at a construction site where it is difficult to use public transportation, and that the instant crime was obstructed, even in the absence of such circumstances, it is not permissible to use the Defendant’s liability for committing the instant crime without obtaining a driver’s license by lawful means or requesting another person to drive or using public transportation.

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