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(영문) 부산지방법원 서부지원 2017.12.21 2017고단1216

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 28, 2017, around 13:50 on July 28, 2017, the Defendant driven a DNA car without obtaining a driver’s license in approximately 2 Km section from around 502 of the Gangseo-gu Busan National Science Team (State) 1 to B&D.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The reason for sentencing under Article 152 subparag. 1 of the pertinent Act and Articles 152 and 43 of the Road Traffic Act (elective Selection of Imprisonment) related to criminal facts and Article 152 subparag. 1 of the Act on the Selection of Punishment of Specific Crimes is that the Defendant continues to repeat drinking and driving without a license until the day after the driver’s license was revoked due to drinking in 2005. Although this type of crime was committed, considering the fact that the Defendant was under suspension of execution, but the Defendant was punished by a fine even though he was sentenced to the said suspended sentence, and the Defendant went to go to drive without a license, it is inevitable to sentence the Defendant, even if there are various grounds asserted by

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.