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(영문) 수원지방법원 안산지원 2014.02.14 2013고단2455
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 24, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention House on May 24, 2012.

1. Around April 20, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven B truck without obtaining a driver’s license from the area near the high-speed railway station in Ansan-si, Ansan-si to the point of 8 km (in human park direction) of the Young-dong Highway located in the Sinsi-dong, Sinsan-si.

2. The Defendant, at the above date, at the point of 8 km of the above Young-dong Highway, indicated the Defendant’s statement prepared in the name of pro-friendly E in lieu of the Defendant’s personal information, instead of his/her authority, with a view to exercising the Defendant’s right to a slope D in the expressway patrol team, and used the statement to the said D in his/her workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Entry and present descriptions of E’s written statements;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (not more than 81 pages of records);

1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the provisions of Article 239 (1) and (2) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

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