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(영문) 울산지방법원 2019.02.22 2018고단2858
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 5, 2018, at around 20:25, the Defendant driven the E-land freight truck without a car driver's license from approximately 94 km section from the front of the B apartment in Jin-si to the front road in Jin-si, Jin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to hostiles and disqualifieds of the main office;

1. The crime of this case on the applicable legal provisions of the crime and the grounds for sentencing under Articles 152 subparag. 1 and 43 (Selection of Imprisonment) of the Road Traffic Act concerning the crime of this case on September 2006, when considering the following facts: (a) although the defendant was sentenced one year to a suspended sentence on the same kind of crime on the same day as of June 201; (b) even though he was sentenced to a suspended sentence on the same day on September 2006, the driving of this case without a driver’s license was revoked, it is difficult to pronounce the sentence corresponding to the crime of this case on the grounds that the defendant has continuously committed the crime of this case on the same occasion for more than one year after the judgment became final and conclusive; (c) there is a lack of compliance consciousness on traffic regulations; and (d) there is a significant lack of compliance awareness on traffic regulations; and (e) there is a high possibility of criticism for recidivism; and (e) there is a high possibility of punishment for the defendant.

However, in full view of the fact that the defendant recognizes his criminal act and reflects on the fact that there is no traffic accident due to the driving without license, there is a family member to support, and other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, occupation, motive and circumstance after the crime, etc., the punishment as ordered shall be determined.

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