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(영문) 의정부지방법원 2016.11.11 2016고단1152
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] The defendant was punished by a fine not exceeding 1.5 million won for a violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on May 21, 2015, and the same year

7. 24. A summary order of a fine of one million won was issued by the District Court of the Republic of Korea for the same crime, respectively.

[2016 Highest 1152]

1. On March 6, 2016, at around 20:20, the Defendant driven a C-wing truck without obtaining a driver’s license on a section of about 300 meters from the front side of the foreign food parking lot located in Jinyang-si, Namyang-si to the front side of the Republic of Korea located in about 14-gil-ro 21, the same Eup.

[2016 Highest 1741]

2. On April 16, 2016, at around 08:45, the Defendant driven a C truck without a driver’s license, from the front line of the Jinyang-si Sridge to the front line of the Hanyang-dong 618, Namyang-si, Namyang-si, the Defendant driven a C truck without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Criminal records as stated: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same kind of records);

1. Article 152 of the Road Traffic Act and the Articles 152 subparagraph 1 and 43 of the same Act (Selection of Imprisonment with prison labor for the relevant criminal facts);

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

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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