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(영문) 부산지방법원 2017.05.30 2016고단3296

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 7, 2015, the Defendant was sentenced to five months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court, and completed the execution of the sentence at the Busan Detention Center on June 28, 2015.

[Criminal facts] The defendant, on May 21, 2016, without obtaining a driver's license for a motor vehicle on or around 06:35, from the front day of the defendant's house located in the Busan Sindong-gu B, Busan, the head of the Sindong-gu, Busan, U.S.,

Up to the front day of the 10km CKan car, approximately 10km CKan car was driven.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A traffic accident report;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of investigation reports (limited to the same criminal records and repeated crimes)-related Acts and subordinate statutes;

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. Although Article 35 of the Criminal Act recognizes a mistake in sentencing for aggravated repeated crimes, it appears that the Defendant’s age, sexual behavior, environment, circumstances leading to the commission of the crime, circumstances after the crime, etc. are considered to have been committed, even though there was a history of criminal punishment several times due to driving without license, and thus, it appears that there was no awareness of compliance with the traffic laws and regulations. In addition, the punishment as set forth in the disposition is determined by comprehensively considering the following:

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