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(영문) 대전지방법원 서산지원 2013.03.21 2012고단781
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On April 19, 2012, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Seosan Branch of the Daejeon District Court on April 19, 2012, and the probation period becomes final and conclusive on the 27th of the same month and is currently

【Criminal Facts】

피고인은 2012. 7. 16. 17:50경 자동차운전면허를 받지 아니하고 당진시 순셩면 양유리에 있는 석산레미콘 앞 도로에서부터 같은 시 원당동에 있는 원당사거리 앞 도로에 이르기까지 약 10km 구간에서 B 콘크리트믹스트럭을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of a copy of judgment related to relevant cases);

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 of the Act on the Selection of Penalty, the Defendant was punished for a fine and suspended execution on several occasions by driving under influence of alcohol, refusing to measurement of alcohol, driving without a license, etc. In particular, the Defendant was sentenced to a summary order of KRW 7 million on December 13, 201 when he was under trial on October 7, 201, by drinking and driving without a license. After being sentenced to a suspended sentence on October 7, 201, the Defendant again was issued a summary order of KRW 7 million on December 13, 201 and was sentenced to a suspended sentence on October 7, 2011.

Although there are grounds for considering the circumstances, such as the defendant's wrongness and the fact that the cargo vehicle seems to have been continuously operated to maintain his/her occupation, it is necessary to severely punish the defendant's act that disregards the legal order.

Therefore, the sentence shall be imposed as ordered, and the sentence shall be determined in consideration of the invalidation of the existing suspension of execution.

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