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(영문) 부산지방법원 2016.07.22 2016고단2447

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On May 12, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 16:10, driving B K7 motor vehicles from around 2 km to the front road of the Geumdong-gu, Busan, the Geumdong-gu, the Geumdong-gu, the Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Not only has the record of criminal punishment three times due to the driving of a license without a license unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, but also the crime of this case is committed at the time when three months have not passed since the date of the last criminal punishment, not only three times from the date of the above criminal punishment, but also at the time when three months have not passed since the driving of drinking alcohol, etc., and there is no record of criminal punishment exceeding the fine that recognizes and reflects a normal mistake favorable to the fact that the awareness of compliance with traffic-related laws and regulations is weak due to the violation of traffic laws and regulations in light of the record of the above criminal punishment, and there is no record of criminal punishment exceeding the fine.