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(영문) 부산지방법원 2019.08.21 2019고단2088

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and one year and six months of suspended execution at the Busan District Court on February 8, 2018, and the Defendant had a record of its final judgment on February 20, 2018.

【Criminal Facts】

On May 17, 2019, at around 10:15, the Defendant driven a D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D with a section of about about 15 km from the north-west of the Busan Metropolitan City to the front road located in the Busan Geum-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the defendant has been punished for drinking or driving without a license several times for the reason of sentencing, and the defendant has committed another crime of non-licensed driving of this case during the suspension period due to drinking driving, such as the first head of the judgment.

On the other hand, there are circumstances such as the fact that the previous crime of the suspension of execution is not the same as this case due to the crime of drunk driving, but it is not visible that the previous crime of the suspension of execution has been committed repeatedly after the suspension of execution, and that the previous crime of the suspension of execution was punished twice by a fine for the same crime of the same kind, and there is no heavy penal power, and that there is no person who supports the old parents who are not the defendant,

Comprehensively taking account of all the circumstances, including the above factors of sentencing, community service and compliance driving instruction rather than sentencing sentence to the defendant for whom the period of the immediately preceding sentence has elapsed as of the date of sentencing.