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(영문) 부산지방법원 2016.09.23 2016고단3248

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

The defendant is a person driving a cargo vehicle of C1 ton.

On May 16, 2016, the Defendant driven the above cargo without obtaining a driver's license of the vehicle from around 15:00, and operated approximately 1 km in front of the Masan-gun, Gyeongsan-gun, Gyeongsan-gun, Gyeongsan-gun, Gyeongnam-gun, in front of the Masan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's 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. It has the record of being sentenced to three times of criminal punishment for a crime of the same kind which is disadvantageous 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, as well as the record of being sentenced to three times of criminal punishment for the crime of this case at the time when seven months have passed since the last same kind of crime, and there is no record of criminal punishment exceeding the fine for the same crime of the same kind, and other factors such as the defendant's age, sex, environment, background leading to the crime, circumstance leading to the crime, and circumstances after the crime, etc.,