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(영문) 대전지방법원 천안지원 2014.01.09 2013고단1396
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 4, 2013, the Defendant was sentenced to imprisonment for one year and six months with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury resulting from Dangerous Driving) in the Daejeon District Court's Branch on April 4, 2013, and the said judgment became final and conclusive on April 12, 2013. On August 26, 2013, the Defendant was sentenced to a summary order of KRW 7 million for a fine for a violation of the Road Traffic Act in the same court on August 26, 2013. On August 17, 2009, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Seocho Branch Branch of the Chuncheon District Court on

On July 13, 2013, at around 01:25, the Defendant driven a cat (CIT) 100 Orabab, which was not registered under the influence of alcohol content 0.158%, without obtaining a license for a motorcycle at a distance of about 20 meters from the front of the post office located in the Dong-gu Culture Complex, Chungcheongnam-gu, Seoul Metropolitan City to the front of the “GS convenience store” in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report, on-site inspection report, and on-site photographs;

1. Report on the circumstantial statements of a driver, report on detection of a driver, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (former records, court rulings and summary orders attached thereto) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs);

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