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(영문) 울산지방법원 2017.11.29 2017고단3508

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 22, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 13:05, driven a motor vehicle from approximately 1km to the front road of the Greenwon apartment located in the Northern-dong in Yangsan-si to the front road of the Guroman cafeteria restaurant located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of violation of traffic Acts (non-licenseed driving) on roads;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The circumstances that are favorable to the defendant that led to the confession of the defendant, the occurrence of an accident by driving without a license, or the violation of laws and regulations, in light of the relevant legal provisions regarding the crime, and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, and the reason for sentencing without a license.

However, on July 6, 2017, the Defendant was sentenced to a suspended sentence of four months for the same criminal violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on the same day, and was sentenced to a suspended sentence of one year on July 14, 2017, which became final and conclusive on July 14, 2017, and committed the instant non-licensed driving during the suspended sentence period.

It remains one month after a judgment has become final and conclusive.

In addition, the defendant has two times of drinking driving and three times of driving without a license, and there are many other traffic crimes.

In consideration of these points, the sentence shall be imposed on the accused, but when the sentence is finalized, the sentence shall be determined in consideration of the fact that the suspended sentence is executed.