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(영문) 부산지방법원 2016.05.26 2016고단1017
도로교통법위반(무면허운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[Criminal Records] On February 17, 2016, the Defendant was sentenced to a suspended sentence of one year for three months, due to a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court, and the said judgment became final and conclusive on the 25th of the same month.

[2] On January 6, 2016, the Defendant driven a car with approximately KRW 3.5 km C options money from the front of the entrance of the Samcheon-si, Gyeongcheon-si, Gyeongcheon-do, which is located in the Gyeongcheon-si, Gyeongcheon-do, to the front road of the 3017 Chang-do Police Station’s “ Chang-do Public Security Center” in the Southern Sea Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of the defendant's legal statement and inquiry letter, criminal history, and investigation report (the previous and the previous Acts and subordinate statutes);

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

2. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

3. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not that of the crime such as repeated driving of a driverless license even though the defendant had been punished for driving without a license on several occasions. However, even though the defendant does not have to drive any more, considering the fact that the defendant entered the vehicle in the auto can no longer drive and the sentencing conditions such as the defendant's age, sex behavior, environment, etc., and the sentencing conditions such as the defendant's age, sex, environment, etc., it shall be taken into consideration, but the principle of equity shall be taken into account when the judgment becomes final and conclusive simultaneously with

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