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(영문) 부산지방법원 동부지원 2017.11.16 2017고단1676

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal record] On July 19, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court’s branch branch branch (do referred to as "the main sentence") on the same day. However, on September 5, 2017, the above judgment became final and conclusive on the same day after withdrawing an appeal.

around 04:00 on July 30, 2017, the Defendant driven a Done Star Co., Ltd without a driver’s license, from around 04:0 to the 3rd road located in the Busan metropolitan traffic Daegu, on the road of Sungho-dong, Nam-gu, Busan Metropolitan City.

On August 18, 2017, the Defendant, around 23:42, 2017, driven Done Star Co., Ltd without obtaining a driver's license from around about 6km in front of the punch road located in the same Gu in front of the common road in the Dong-dong, Busan Metropolitan Transportation Daegu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any person who violates the traffic laws of each road;

1. The ledger of each driver's licenses;

1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes of inquiry about summary information;

1. Article 152 of the Criminal Act applicable to the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Criminal Act selection of punishment, and selection of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Act on July 19, 2017, the Defendant was found to be driving without a driver’s license on July 21, 2017, even though he/she was sentenced to a suspended sentence of two years for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court’s Branch Branch Office (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”) on July 19, 2017 (a summary order was issued for a fine of one million won). However, the Defendant still was issued a summary order without any among the persons, and the nine days later. < Amended by Act No. 14830, Jul. 30, 2017>