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(영문) 전주지방법원 군산지원 2014.07.02 2014고단183
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a person who drives a walp truck with a ton of cargo.

On January 1, 201, at around 21:50, the Defendant driven the above cargo vehicle without a mandatory insurance without a driver’s license from approximately 5 km to the roads front of the bus bus transit in the Donsan-dong in the same city and Dong-dong from the roads adjacent to the Donsan-dong in the same city and Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the mandatory insurance policy and the ledger of driver's license;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 46 (2) and 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012); and each choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances below) of the suspended sentence is that the defendant repeatedly committed the same kind of crime even though he/she had been punished several times due to driving without a license for drinking, etc., and thus, the conditions for sentencing unfavorable to the defendant, the defendant's time-off and reflects on the crime, and the defendant's disposal of the above cargo, such as the fact that the defendant's compliance driving has been completed and the defendant has disposed of the above cargo, etc., the sentencing conditions favorable to the defendant and other conditions for sentencing, such as the defendant's age, character and behavior, environment,

Public Prosecution Rejection Parts

1. The summary of the facts charged is as follows: (a) the Defendant driving a freight truck from B1 ton in front of the following mountain zones located in the Donsan-dong of the Donsan-si on January 1, 201; (b) by neglecting his/her duty of care at the seat of the original Mine University to the bus stop; (c) neglecting his/her duty of care at the seat of the original Mine University to the bus stop; and (d) stopping on the right side of the road due to the negligence of bypassing the road without due care.

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