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(영문) 부산지방법원 서부지원 2017.06.20 2017고단159
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 26, 2015, the defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch branch court.

9.3. The judgment becomes final and conclusive and is still under the suspension of execution;

On March 21, 2017, at around 11:50, the Defendant driven a B rocketing car without obtaining a driver’s license from around 4km to around 1384 on the road of the “Choe Cultural Center” located in 39, a 1384-gil, Seodong-dong, Busan, to the front of the “Choe Cultural Center” located in 40, Pungdong-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment, and a copy of the same electric power judgment);

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the crime of this case, and Article 152 Subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the defendant recognized and reflected the crime of this case

However, the defendant has been sentenced to a fine on six occasions due to drinking or driving without a license and a suspended sentence on two occasions.

In particular, on August 26, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act (drinking driving), and was sentenced to a fine on November 17, 2015 (10 million won) due to a non-licensed driving during the suspension period.

Nevertheless, the Defendant was repeatedly sentenced to a fine of KRW 3 million on February 27, 2017, and committed the instant crime while continuing the appellate trial.

In light of the defendant's behavior and attitude of law and order that repeats the crime despite the continued punishment, it is inevitable to sentence the defendant to a sentence.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.

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