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(영문) 부산지방법원동부지원 2020.09.24 2020고단1235

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 18, 2020, the Defendant driven an Epoter II cargo vehicle without obtaining a driver’s license from approximately 1 km from the front of the Suwon-gu, Busan to the front of the “D” road located in the same Gu C from the Do to the front of the said “B” road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report (1), 2 (2);

1. Application of the statutes on the register of driver's licenses (No. 8 No.);

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts and the reasons for sentencing of the choice of imprisonment, the following various sentencing conditions, Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all the sentencing factors in the process of the trial, including the circumstances after the instant crime, shall be determined as ordered by comprehensively taking into account the following factors.

Sentencing Conditions : The defendant shows the appearance of recognizing and reflecting the crime of this case, and the distance of the defendant's driving in the state without a license is relatively difficult: The defendant committed the crime of this case at the same time during the period of the suspension of execution, even though he had been sentenced three times to a fine without a license and one time to a suspended sentence, even though he had the record of being sentenced one time to a suspended sentence, and even after the crime of this case, the period of the suspended sentence has

Even if a person commits the same crime without being aware of it during the period of suspension of execution, and thus, the liability for such crime is not less severe.