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(영문) 울산지방법원 2016.12.08 2016고단2901

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant sentenced the Ulsan District Court to one year of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence on February 1, 2015.

Around 09:00 on August 11, 2016, the Defendant driven a gallon car without a car driver’s license from the front side of the new market in Ulsan-gu, Ulsan-gu to the front side of the Taegu-dong apartment in the same Dong from August 11, 2016.

"2016 Highest 3500"

1. A theft: (a) around 03:00 on August 9, 2016, the Defendant: (b) stolen one small power generator with the victim C set up and set up in front of the 4-lane 280 new interest vehicle adjacent to the Ulsan-gu Alternative 4-ro, Ulsan-gu, Ulsan-do, 280, for temporary development; (c) carried one small power generator with the victim’s market price equivalent to KRW 2 million on the B gallon that the victim operated on the vehicle.

2. Around 02:00 on August 9, 2016, the Defendant was driving a vehicle with a gallon line without obtaining a driver’s license in a section of about 55 km to the above galmpam parking lot from Ulsan-gun, Ulsan-gun, and from the 85-47 galmamam parking lot to the same day at around 02:30 on the same day, at around 05:0, via a valley near Ulsan-gu, Ulsan-gu, 4:0, an alternative to the galmambam parking lot from around 55 km to the above galmambam parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Protocol of seizure, list of seizure, certificate of seizure, certificate of temporary return of seized articles;

1. Arrest report of the suspect, report on the situation of driving without a license, report on investigation, report on intelligence with investigation, and report on the results of investigation;

1. The driver's license ledger and the next registered inquiry;

1. The application of Acts and subordinate statutes to inquiries, such as criminal records / individual confinement status;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and Article 326 of the Criminal Act concerning the facts constituting a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing among concurrent crimes [the scope of recommendations] in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the long term of each crime).