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(영문) 대전지방법원 2014.09.26 2014고단1811
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2011] On May 13, 2010, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Daejeon District Court on May 13, 201; on November 8, 2010, the same court received a summary order of KRW 4 million as a fine for the same crime; on June 17, 2011, the same court was sentenced to a suspended sentence of KRW 8 months for the same crime; and on June 25, 2011, the said judgment became final and conclusive on June 25, 201; and on January 13, 2012, the said court appealed that the Defendant was sentenced to a fine of KRW 7 million at the same court on March 21, 2012; and completed the execution of the said punishment by a court on April 26, 2013 (SOF).

On March 27, 2014, around 08:55, the Defendant driven a Category C truck without a vehicle driver’s license at a section of about 80 km from the front of the Dong-gu Daejeon, Daejeon, Daejeon, 256-ro B, to the point of 139 km away from the front of the Dong-gu, Daejeon to the front of the 256-ro B-Eup, Chungcheongnam-do.

[2014 Highest 2698] On April 26, 2013, the Defendant sentenced six months to imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on April 26, 2013, and completed the execution of the sentence in the Daejeon Prison on October 26, 2013.

On July 25, 2014, at around 14:40, the Defendant driven D Poter Cargo Vehicles without a driver’s license from approximately 20km to D Poterage Stickers, located in the Suwon-gun, Suwon-gun, Suwon-gun, and the Seoul Metropolitan City, from around 14:40 to the Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the situation of operation without a license;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (including output reports, such as written judgments), and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

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

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