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(영문) 부산지방법원 동부지원 2016.11.30 2016고단1911

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) at the Busan District Court, and the execution of the sentence was terminated on April 4, 2014. On September 5, 2016, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (unlicensed Driving) from the Busan District Court's branch branch branch, and on October 12, 2016, the Defendant appealed six months from imprisonment for the same crime and is still pending in the appellate court.

Criminal facts

At around 17:20 on August 30, 2016, the Defendant, without a driver’s license, driven a car owned by the Defendant, approximately 300 meters from the front day of the Pacific-dong, Busan, to the front day of the Dong-gu Empimp in the same Dong-dong.

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 record: The application of Acts and subordinate statutes for inquiry into criminal records and expropriation/collection of individual persons;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;