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(영문) 청주지방법원 제천지원 2014.05.15 2014고단136
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2010, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act in the Cheongju District Court Support on July 22, 2010. On February 16, 2012, the Defendant was released on September 28, 2012 and the parole period expired on November 3, 2012 after being released on September 28, 2012.

On February 28, 2014, at around 16:10, the Defendant driven a 3-wing truck at approximately 40km from the front of the rest area of the Gyeongnam Highway, which is located in the present drawing of the Chungcheongbuk-gun, to the road of 17km away from the 16:40 square meters away from the 16:40 day before the end of the rest area of the Gyeongnam Highway, which is located in the mountain in both sides of the Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of control manuals and the laws and subordinate statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the Defendant committed the instant crime even though he/she had the record of serving two times a licenseless driving (one time of a fine, one time of a suspended sentence), three times a drinking driving (one time of a fine, one time of a suspended sentence, one time of a suspended sentence, and one time of imprisonment).

Furthermore, since the Defendant committed the principal offense during the period of repeated crime due to drinking driving, the Defendant is sentenced to the punishment against the Defendant.

However, the punishment as ordered shall be determined by taking into account the fact that the defendant is against his or her will and supports his or her mother, and all other sentencing conditions.

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