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(영문) 부산지방법원 2019.10.10 2019고단2332

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 2, 2019, at around 09:00, the Defendant driven a sports cargo vehicle at CCoin without obtaining a driver's license from the section of about 14 km from the front of the building B in Busan, Busan, to the point of 151km in the South Sea Highway, which is located in the Pung-si, Chungcheongnam-si, Busan, to the point of 151km.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and summary orders;

1. Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is against criminal punishment twice due to drunk driving, and thus, it is necessary to strictly take measures to drive without obtaining a license despite the revocation of a driver's license. However, the defendant confessions all of the crimes and repents his mistake, the defendant has no record of criminal punishment except for the above two penalties, and the defendant's age, economic situation, etc. is considered as ordered.