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(영문) 울산지방법원 2018.08.21 2018고단1835
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

【The Defendant was sentenced to a suspended sentence for 8 months due to a violation of the Road Traffic Act (non-licensed driving) or a violation of the Road Traffic Act at the Ulsan District Court on November 3, 2016, and was sentenced to a suspended sentence for 8 months on the 11th of the same month. The above judgment became final and conclusive on April 21, 2017, and is currently under suspended sentence. On April 21, 2017, the same court was sentenced to a suspended sentence for 4 years due to a violation of the Road Traffic Act (non-licensed driving), rape, or forced indecent act on the 29th of the same month, and is currently under suspended sentence.

【Defendant 20:25 on June 4, 2018, on the front side of the Ulsan-gun, Ulsan-gun, and the front side of the D in C, without obtaining a driver’s license from around 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of non-licensed driving, and the ledger of driver's licenses;

1. Previous convictions: Application of inquiry letter, investigation report (prior convictions and reports on suspended execution), and other relevant Acts and subordinate statutes;

1. The pertinent legal provisions of criminal facts and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the possibility and risk of the occurrence of the accident, as well as the driver's own awareness of the occurrence of the accident, and the defendant was sentenced to a fine in the year 2005, the year 2007 and the year 2008 and the year 2016 and the year 2017, which are the same as the criminal records in the judgment of 2016 and the year 2017. In particular, at the time of the instant case and at the time of the instant judgment, the two suspended sentence of imprisonment for the following reasons: "At the time of the instant judgment in 2017, the defendant was sentenced to imprisonment with prison labor for the defendant's violation of the Road Traffic Act (unlicensed driving)."

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