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(영문) 부산지방법원 동부지원 2016.01.05 2015고단1618
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2015, around 16:45, the Defendant driven a BF rocketing car without obtaining a driver’s license from the Do before the Home Puger to the front of the 15km long-distance mountain road in the Changwon-si. The Defendant driven a BF rocketing car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, sex, environment, motive and circumstances leading to the Defendant to commit the instant crime, and circumstances before and after the instant crime, etc., the sentence shall be determined as ordered by taking account of various sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive and circumstances leading to the instant crime.

Unfavorable circumstances: The defendant is highly likely to be subject to punishment by committing the crime of this case without being subject to criminal punishment on several occasions for the same crime.

The defendant recognized the crime of this case.

There shall be no history of criminal punishment against the criminal defendant.

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