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(영문) 전주지방법원 남원지원 2015.07.07 2014고단189
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 20, 2011, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Southern District Court's Southern District Court's South Korea branch on July 14, 2012, and completed the execution of the sentence.

[2014 Highest 189]

1. On July 13, 2014, at around 22:25, the Defendant driven a Bone Star Cargo at a section of about 15km from the Do before the amendment of Suwon-gun, Suwon-gun, Suwon-gun, and the front day of the same military prosperity, to the road before the same military prosperity is completed, without a car driver’s license.

[2014 Highest 195]

2. On July 20, 2014, around 16:00, the Defendant driven the B Cost Engine without a car driver’s license at a approximately 500-meter section from the Do near the Taedong-dong, Daejeon to the roads near the Yongsandong-dong, Daejeon.

Summary of Evidence

[2014 Highest 189]

1. Police suspect interrogation protocol of the accused;

1. The ledger of driver's licenses;

1. A report on the occurrence of a license (free license) (2014 high group 195);

1. Police suspect interrogation protocol of the accused;

1. Registers of driver's licenses;

1. Report on the situation of operation without a license (pre-trial record);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to an investigation report (references to suspects, repeated crimes, and attachment of the same military record);

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

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

1. Of concurrent crimes, there are a large number of criminal offenses against the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravating concurrent crimes for the punishment prescribed by the Road Traffic Act (unlicensed Driving on July 13, 2014 with heavy criminal penalty], as well as multiple criminal offenses against the defendant, even though the defendant had already been punished for the same kind of crime at least nine times, the defendant committed the instant crime even though he had been in the period of repeated crime; even though the defendant was under the control by a unlicensed driving on July 13, 2014, it is difficult to find that the defendant has changed his name on July 20, 2014, even if he was under the control by a unlicensed driving on July 13, 2014.

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