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(영문) 대전지방법원 천안지원 2018.09.13 2017고단2845
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2017, 2017, the Defendant driven a B-hand car without obtaining a driver’s license from the 6km section of 6km to the front road in front of the beauty room in the south-gu, Dong-gu, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with the trade name in front of the beauty room where it is impossible to know the trade name in the south-gu, Dong-gu, Seocheon-gu from the Yan-gu, Chungcheongnam-gu, Seoul to the extent that it is difficult to find out.

"2018 Highest 1308"

1. On May 18, 2018, at around 16:00, the Defendant placed an order for food as if he were to pay the food value despite having no intent or ability to pay the food value even if he/she drinks at the “E cafeteria” operated by the victim D, south-gu, Nam-gu, Seoul, the Defendant received food equivalent to KRW 12,00,00 in total, including a portion per person, small liquor, and small liquor.

2. On May 18, 2018, at around 18:20, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes, including: (a) the victim was moving out of the above restaurant, leaving the restaurant, and making the victim sit down, and (b) the victim was seated down.

Summary of Evidence

"2017 Highest 2845"

1. Statement of the defendant in the first trial record;

1. The driver's license ledger;

1. Written opinions (simplified) and the offender "2018 Highest 1308";

1. Statement by the defendant in court;

1. Written statements of D;

1. Hearing statements from victims by telephone;

1. Receipts:

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 347 (1) of the Criminal Act (the point of fraud) and Article 314 (1) of the Criminal Act (the point of interference with business);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant has a lot of records of criminal punishment due to driving without a license; and (b) the Defendant is likely to commit fraud and interference with business due to the type ofless employment.

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