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(영문) 울산지방법원 2013.04.05 2013고단284

도로교통법위반(무면허운전)등

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 November 11, 2012, at around 17:16, the Defendant driven B Poter Cargo Vehicles without obtaining a driver's license on the three km section of the same sex, through the Gangnamk Center located in the same Gu and south-dong, Jung-dong, Ulsan Metropolitan City from around 34, 2012 to around 34, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report, actual condition investigation report, mandatory insurance bureau, and the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include seven times the criminal records of the same kind of crime, and even in 2012, even though the defendant was indicted for the same kind of crime, the nature of the crime in the second instance is not less than that of the crime in this case. However, the defendant's time to commit the crime in this case, his age, character and conduct, agreement with the victim of the traffic accident, and other circumstances that are the conditions for sentencing, such as the defendant's age, character and conduct, shall be determined as ordered by the order.