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(영문) 울산지방법원 2019.10.25 2019고단1602

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 7, 2019, at around 23:46, the Defendant driven C Poter Cargo Vehicles without obtaining a vehicle driver's license on the road at approximately 20 meters in front of the B apartment in Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

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, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. have the history of having been punished twice for driving without obtaining a license, the punishment as ordered shall be determined by taking account of the Defendant’s age, environment, motive for committing the crime, circumstances after committing the crime, etc., and various factors of sentencing, such as the Defendant’s age, environment, motive for committing the crime, circumstance after committing the crime.