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(영문) 부산지방법원 2015.12.08 2015고단6106
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 June 3, 2015, the Defendant, without obtaining a driver's license at around 10:40 on June 3, 2015, driven a B-cub vehicle from the street in front of the new line located in the Seongbuk-dong of Gangseo-gu, Busan to the signal zone of about 10 km in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor because of the same kind of crime committed;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as confession of the accused and the fact that there is no record of crimes exceeding the fine);

1. On March 14, 2008, the defendant for the reason of sentencing under Article 62-2 of the Criminal Act (in order to prevent a second offense) has a record of having received a summary order of KRW 2.5 million from the Busan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (unlicensed Driving) at the Busan District Court on May 19, 2010, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (Unlicensed Driving) at the Busan District Court on July 7, 2014, a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (Unlicensed Driving) at the Changwon District Court on June 29, 2015; the defendant has no record of obtaining a driver's license until now; however, the defendant also committed the crime of this case.

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