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(영문) 부산지방법원 2016.08.12 2016고단2603

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 April 25, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 10:25, the Defendant driven a B-II truck from around 200 meters from the front of the 104 SK beauty apartment at the bottom of 400 Sinha-gu, Busan to the front of the 381 Manndo-ro, Haak-ro 381.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

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 at the same time, even though there was a history of criminal punishment twice due to driving without a license at a disadvantage 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 the fact that driving outside of the punishment force, which has been subject to criminal punishment twice due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, recognizes and reflects a favorable mistake that has weak compliance awareness with traffic laws and regulations, and that driving distance is not visible, and the punishment is determined as set forth in the order by comprehensively considering the Defendant’s age, sex, environment, background leading to the crime, circumstances leading to the crime, etc.