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(영문) 울산지방법원 2019.07.11 2019고단1345
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 March 15, 2019, at around 10:53, the Defendant driven C Poter Cargo Vehicles without obtaining a driver's license in approximately 5km section from the front road of the Ulsan-gu Postal Zone Underground Road to the front road of the Ulsan-gu Northern Zone B.

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 an offense;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, even though there were the records of punishment for Defendant’s drinking without a license, it again leads to the instant crime. On the other hand, the Defendant’s age, occupation, character and behavior, family relationship, living environment, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, etc., the sentence like the order shall be determined by taking into account the following factors: (a) the execution of the sentence shall be suspended; and (b) community service and lecture order shall be given.

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