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(영문) 부산지방법원 2017.11.28 2017고단4591

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2017, the Defendant driven a Drocketing car without obtaining a driver's license from the front side of the Edson Museum, which was located in the 393 Edson City of Gangnam-si around 13:54, to the front side of the East Sea Highway of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on voluntary accompanying of a person suspected of violating the Traffic Act on the road;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Although there was a history of criminal punishment several times due to the violation of traffic-related laws and regulations on the grounds of sentencing under Article 62-2 of the Criminal Act, the crime of this case is not easy to commit the crime without being informed of the escape vehicle or unlicensed driving, etc., but at the same time, the crime of this case is deemed to be erroneous and reflect, the circumstances leading to the crime, the circumstances after the crime, and other circumstances of the defendant's age, sex behavior, environment, etc. shall be determined as set forth in the order.