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(영문) 울산지방법원 2018.05.03 2018고단412

도로교통법위반(무면허운전)

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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. Around 07:00 on December 12, 2017, the Defendant driven a motor vehicle in the finite-ro apartment in Ulsan-gu, Ulsan-dong, without a motor vehicle license, from around 16 kilometers to the modern middle industry parking lot located in the Dong-dong, Dong-dong.

2. On December 12, 2017, at around 23:25, the Defendant driven the above low-speed car within about 17 kilometers from the Ulsan Heavy Industrial Parking Lot in Ulsan-gu to the front road of the corresponding trees in the North-gu Seodong, Ulsan-dong, without a vehicle driver’s license.

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. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense.

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 on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, where the Defendant was punished three times due to his drinking alcohol driving and the driver’s license was revoked, and the case was not somewhat weak (the Defendant left the police station after the accident after eight days from the scene). On the other hand, the Defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the record, such as the Defendant’s age, occupation, sex, living environment, circumstances after the crime, etc., shall be determined by considering the following: (a) the execution of the sentence shall be postponed; and (b) the community service order shall be ordered.