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(영문) 부산지방법원 2015.02.09 2014고단9231
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 29, 2013, the defendant was sentenced to a 6-month suspended sentence for a violation of the Road Traffic Act (non-licensed driving) by the Busan District Court on June 6, 2013, and the decision became final and conclusive on June 6, 2013. On January 29, 2014, the suspended sentence was invalidated upon a death penalty, and 5 times more penalties were imposed for a violation of the Road Traffic Act (non-licensed driving).

On October 11, 2014, at around 20, the Defendant driven B freight cars without obtaining a driver's license from around about 400 meters from the nearest road of the Busan Jin-gu, Busan to the nearest road of the same Dongdong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the defendant is expected not to drive again due to the disposal of the vehicle, etc., and that the defendant seems to be responsible for the household);

1. It is decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act regarding orders to attend lectures and community service orders;

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