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(영문) 울산지방법원 2017.07.12 2017고단997

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 24, 2017, the Defendant: (a) driven B Poter Cargo Vehicles owned by the Defendant without obtaining a driver’s license from around 300 meters from the 11:05 Ulsan-gun, Ulsan-gun, the head of Ulsan-gun, to the 280-ro mix of the same face to the 300-meter mix.

2. The Defendant, at the time and place specified in the above 1.1. Motor Vehicle Compensation Guarantee Act, operated the Poter freight in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Operation of motor vehicles with no mandatory insurance under Article 152 subparagraph 1 of the Road Traffic Act and Article 43 concerning facts constituting an offense: Selection of imprisonment with prison labor under Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. It is doubtful whether the defendant's confession for the reasons of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend lectures, or in light of the defendant's traffic crime records, a large drinking driving, and driving skills without a license, is against the defendant.

In addition to the probation of the year 2009, the execution of the sentence shall be suspended in consideration of the fact that there is only the previous offense of fine, but the possibility of recidivism is high, so protection and observation and social service and the participation in the lecture of compliance driving will be ordered.