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(영문) 부산지방법원동부지원 2020.10.29 2020고단1576
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

At around 15:20 on June 16, 2020, the Defendant driven a Category C cargo vehicle without the driver's license from the front side of the B apartment in Yangsan-si to the Namyang-Tolluth in Yangsan-si, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report of the suspect interrogation protocol of the accused (specific place of crime), the application of the statutes on the driver's license ledger;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the instant crime; (d) the means and consequence after the instant crime was committed;

The favorable sentencing condition: The sentencing condition unfavorable to the recognition of and reflect on the instant crime: The Defendant again committed the instant crime even though it had been sentenced to a summary order of four times a fine due to driving without a license.

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