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(영문) 부산지방법원 2017.01.20 2016고단7227

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2016, around 09:30, the Defendant operated a cargo vehicle of about 21 ton, without a driver’s license, from the third class metal of the Brniel High School located in the Geum-gu, Busan Metropolitan City to the front of the Geum-gu, Seo-gu, Busan Metropolitan City to the Geum-gu, Seo-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The crime of this case was committed two times due to the driving of a license without the conditions unfavorable to the reasons for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, and in addition to the above punishment records, in light of the records of criminal punishment twice due to driving under drinking and the records of criminal punishment once due to non-accident of traffic laws and regulations, the fact that there is no record of criminal punishment exceeding the fine for the same crime is recognized, and that there is no record of criminal punishment for the same crime. In addition, the sentence is determined as above by comprehensively considering the defendant's age, sex, environment, background leading to the crime, circumstances leading to the crime, etc.