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(영문) 춘천지방법원 강릉지원 2014.01.08 2013고단833
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 2, 2009, the Defendant, without obtaining a driver’s license on February 2, 2009, driven a car in the section of approximately 100 meters in front of a “Tloex” store located in the Gangseo-si, Gangseo-si without obtaining a driver’s license on February 2, 2009, and driving a car in the section of approximately 100 meters in front of a “Tloex shop” store located in the same Dong.

2. The Defendant, on August 29, 2009, driven the above van at a section of approximately 200 meters from the street in front of the “house oil station” located in the Gangnam-si, Gangseo-si without obtaining a driving license at around 07:45, Aug. 29, 2009, to the street in front of the “malle-car vehicle” located in the same Dong.

3. On January 18, 2010, the Defendant, without obtaining a driver’s license on January 13:45, 2010, driven the said van at a section of approximately 100 meters back to the lower frame of the “Tang Oil station” behind the “Tangcheon-dong,” located in Gangseocheon-si without running the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the ledger of driver's licenses, each actual survey report, field photographs, and written statements (E) Acts and subordinate statutes;

1. Relevant Articles 152 and 43 of the former Road Traffic Act (wholly amended by Act No. 10790, Jun. 8, 2011) concerning criminal facts and the choice of punishment;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are several times, and the defendant is deemed to have continuously driven without driver's license, such as driving without a license, from the day immediately after being sentenced to the suspended sentence due to the crime of violating the Road Traffic Act on January 22, 2009. Thus, it is difficult to view that the defendant is against the nature of the crime and it is difficult to view that the crime was committed in the course of investigation, and considering the fact that the nature of the crime was poor, the defendant

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