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(영문) 부산지방법원 동부지원 2016.10.12 2016고단1404

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 12, 2016, the Defendant was sentenced to a suspended sentence of ten months for the crime of violation of the Road Traffic Act at the Busan District Court on October 10, 2016, and was sentenced to a suspended sentence of two years on August 20, 2016, and the judgment was finalized on August 20, 2016, and the driver was driving C truck on August 17:21, 2016, without obtaining a driver's license, and driving the C truck at approximately one kilometer per kilometer from August 8, 2016 to the roads located in the care center located in the same Eup/Myeon located in the coast of Busan District Court.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records, written judgments, and search and output of consolidated cases;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Handling concurrent crimes: latter part of Article 37 and Article 39 (1) of the Criminal Act (mutual between the crimes and the violation of the Road Traffic Act, etc. for which judgment becomes final and conclusive);

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that there are many previous charges against the defendant, and that the defendant was repeated while he was tried for the same kind of crime.

However, there are more favorable circumstances such as the fact that the defendant's acknowledgement of facts charged is seriously against the defendant, and the fact that the defendant should consider equality between the violation of the Road Traffic Act (driving) and the concurrent trial of this case in the judgment of concurrent crimes under the latter part of Article 37 of the Criminal Act.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set