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(영문) 울산지방법원 2017.06.21 2017고단743

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 16, 2017, the Defendant driven B Cost Engines without obtaining a driver’s license from around the roads near the Yancheon-dong, Ulsan Metropolitan City to around the 2st of the old market, from around 1km to the roads in front of the 2nd of the old market.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The facts constituting the crime are as follows: Article 152 subparag. 1 and 43 of the Act on the Road Traffic, Article 152 subparag. 1 and 43 of the Act on the Selection of Punishment of Criminal Crimes, the Defendant’s confessions and reflects on the grounds of sentencing of imprisonment; and the Defendant’s unauthorized driving did not particularly involve any special problem such as violation of traffic laws

However, the defendant has five or more times prior to driving of drinking, and three or more times prior to driving without a license, and there are many other traffic records.

Despite the repeated punishment, there is no effort to improve the defendant at all.

Furthermore, the defendant was sentenced to a suspended sentence for six months of imprisonment for a crime of violating road traffic law (drinking driving) at the Ulsan District Court on October 25, 2016, and on November 2 of the same year, the above judgment became final and conclusive and is still under suspended sentence.

Of course, the previous conviction in the present grace period is not due to driving without a license, but the relevant judgment is a judgment which causes revocation of license, so it is a judgment of the same kind closely related to this case.

It is impossible to select the accused who has been driving without a license in the case of a non-exclusive license in the case of the final judgment and the case of a four months.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench.