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(영문) 부산지방법원 2017.04.21 2017고단1634
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2017, at around 06:20, the Defendant driven a motor vehicle with B, from the front road near Busan East-dong to the front road in the Busan-dong, to the front road in the Busan-dong-dong-dong-dong-gu, not a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Although there was a history of five times criminal punishment due to driving without a license for the reasons for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, it is judged that the crime of this case was committed, and thus, the awareness of compliance with the traffic laws and regulations is weak. However, it is against the fact that mistake is recognized and reflected, other factors such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime are considered as a whole, and the sentence is determined as ordered.

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