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(영문) 부산지방법원 동부지원 2020.04.29 2019고단2269

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 8, 2019, at around 05:10, the Defendant driven a motor vehicle in the 20km section, without obtaining a driver's license, from around 20km section, to D parking lots located in Busan Shipping Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the register of driver's licenses and investigation reports (verification at the starting point of driver's licenses);

1. On the grounds that Article 152 Subparag. 1 and Article 43 of the Act on the Punishment of Criminal Crimes, Article 152 Subparag. 1 of the Road Traffic Act, Article 152 of the Act on the Selection of Imprisonment with Labor, and the reason for sentencing on October 17, 2019, the Ulsan District Court rendered a licenseless driving, etc. on October 17, 2019, and sentenced two or more times to a license without a license for driving for six months including a suspended sentence of two years, but the above suspended sentence became final and conclusive ( October 25, 2019), again committed the instant crime again within 150,000 days after the suspended sentence became final and conclusive ( October 25, 201), and the driving distance also reached about 20km.

In this context, considering that the defendant was punished four times or more in relation to driving of motor vehicles, such as drinking driving, no sentence should be imposed.

However, in determining the punishment, the defendant is deeply divided into and reflects the crime in this case, the defendant supports the son and son, the defendant seems to have no means of transportation in his workplace from his residence to his workplace, the defendant's son, including the work bonus, wanting the wife, and all other circumstances shown in the records and arguments of this case.