(영문) 부산지방법원 서부지원 2017.07.11 2017고단505

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(영문) 부산지방법원 서부지원 2017.07.11 2017고단505

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Power of crime] The defendant was sentenced to a suspended sentence of two months for a period of six-month in the Busan District Court on May 25, 2016 due to a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving).

6.2. The ruling becomes final and conclusive and is currently in suspension of execution.

[Criminal facts] On May 14, 2017, the Defendant driven B cargo truck without obtaining a driver’s license from a section of about 5 km to the Changwon Highway, which is located in Changwon-si, Changwon-si, Gowon-si, Gowon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment of the same kind of force);

1. The grounds for sentencing of punishment for a criminal offense, Article 152 Subparag. 1 and Article 43 of the Act on the Direction of Road Traffic, and Article 152 of the Act on the Selection of Punishment of Imprisonment have the history of repeatedly being punished on January 1, 199 on several occasions after the driver’s license of a motor vehicle was revoked.

On May 25, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (unlicensed Driving), etc., and was sentenced to a suspended sentence of two years for the Defendant’s non-licensed driving on April 5, 2017.

In light of the above circumstances, the sentence shall be imposed on the defendant, and there are some circumstances to consider the background of the crime in this case, and when the judgment in this case becomes final and conclusive, the suspension of execution stated in the judgment in the crime in this case becomes null and void, and the defendant's age, sex, environment, motive and background leading to the crime in this case, method and consequence of the crime in this case, and all of the sentencing conditions stated in the arguments and records shall be determined as per the disposition, taking into account all the factors of the crime

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