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(영문) 울산지방법원 2015.02.27 2014고단3527
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 July 21, 2014, at around 18:40, the Defendant driven B Cost Engines without obtaining a driver's license from around 2 kilometers in the section from front of the Native Plant Plant Center in Chungcheongnam-dong, Chungcheongnam-si to front roads of the same So-dong, So-dong, So-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a report on investigation (related to the details of relative reports);

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant repeats the same crime even though he had been punished twice due to drunk driving and twice without a license, and that the defendant was not prosecuted on the part of drunk driving, but the defendant has a circumstance of drinking driving in light of drinking alcohol in the state where the accident was not completed immediately after the accident in this case, is an unfavorable sentencing factor against the defendant.

It is the sentencing factor favorable to the defendant that the defendant has committed a crime, and that the defendant has no criminal records of the same kind above the suspended sentence.

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the sentence shall be determined as per the order and the execution of the sentence shall be suspended, but community service and compliance driving lecture shall be ordered.

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