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(영문) 춘천지방법원 2015.01.13 2014고단286
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 7, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime, such as violation of the Road Traffic Act (unlicensed Driving) at the District Court of Jung-gu, which became final and conclusive on February 15, 2014.

The Defendant was sentenced to six months of imprisonment at the Seoul Northern District Court on August 28, 2014 as a crime of violating the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive on November 22, 2014, but the above judgment does not constitute a case where the crime can be tried concurrently with the instant case, and thus, the latter part of Article 37 of the Criminal Act does not constitute concurrent crimes.

【Criminal Facts】

On October 31, 2013, at around 11:25, the Defendant driven a Cwing-III truck without obtaining a driver’s license in a section of about 5 km from the roads near the Chuncheon river located in the Chuncheon-si, Chuncheon-si, to the roads located in the same Si/Gun/Gu.

Summary of Evidence

1. Defendant's legal statement;

1. State of operation without a license, report on the state of operation, and vehicle photograph;

1. The ledger of driver's licenses;

1. Previous records: Application of an inquiry inquiry report, such as criminal records, etc., a written judgment of Speaker District Court 2013 high-scale 301, and case search outputs, to statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentence shall be determined as ordered by taking into account all the circumstances revealed in the proceedings of the present case, such as drinking driving and driving without a license of the accused for the reason of sentencing under Article 62(1) of the Criminal Act, equity in the case of being tried at the same time with the final judgment, and family relationship, occupation, etc. of the accused

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