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(영문) 부산지방법원 2018.02.22 2017고단5856

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Busan District Court on August 29, 2017 and was sentenced to two years of suspended execution on September 6, 2017, and is still under suspended execution.

In addition, on July 9, 2003, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act (non-licensed driving) at the Ulsan District Court on October 8, 2013, and was sentenced to a summary order of three million won for a crime of violating the Road Traffic Act at the Busan District Court on October 8, 2013. On November 19, 2014, the Defendant was sentenced to a summary order of seven million won for a crime of violating the Road Traffic Act (non-licensed driving) at the Changwon District Court on November 19, 2014, and was sentenced to a summary order of seven million won for a violation of the Road Traffic Act (non-licensed driving).

[2] On September 25, 2017, the Defendant: (a) around 19:57, operated a car from around 100 meters away from the front of the restaurant that overlaps with the cafeteria Dong-dong in Busan, to the front road of the Dong-dong in the same dong-dong; (b) without obtaining a driver’s license; and (c) operated a B-G car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s traffic accident statement;

1. A traffic accident investigation report and photographs;

1. Investigation Report - Driving without a license, details of revocation of a driver’s license, and the ledger of a driver’s license;

1. Records of the judgment: (A) the application of a reply to inquiry, such as criminal history, reports on the results of confirmation of the previous conviction of the disposition, and the text of the judgment, and the application of Acts and subordinate statutes to investigation reports (a copy of records

1. Taking into account the facts constituting an offense, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving) regarding the relevant criminal facts, and the criminal records as indicated in the reasoning for sentencing a sentence of imprisonment with prison labor, the criminal records leading up to eight times the same criminal records as indicated in the judgment on the grounds for sentencing a sentence of imprisonment, and the fact that the criminal defendant was driving without a license since he/she was sentenced to a suspended sentence on August 29, 2017, is not driving without prison labor, a sentence shall be imposed on the

These circumstances and the defendant recognize crimes.