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(영문) 울산지방법원 2017.11.21 2017고단3763
도로교통법위반(무면허운전)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 7, 2017, around 09:00, the Defendant driven a coo vehicle in C without obtaining a driver’s license from around about about 15 km in the section of around 15 km from the front of the Defendant’s office in Ulsan-gu, Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, to the alfrane-gun, Ulsan-gun, Ulsan-dong, Seoul-dong, Seoul-do.

2. On September 10, 2017, the Defendant driven a coo vehicle without obtaining a driver’s license from around 09:10, Ulsan-gu B’s house before the Defendant’s house located in the same Gu-free Dong from around 1km to the coo-dong in the same Gu-free Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of the Act and subordinate statutes to report the closure of a screen of the screen image taken by the informant, the driver’s license ledger, accusation book, video-faculing room, and the conditions of unauthorized driving, submitted by the reporter;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was sentenced to a total of four times a fine due to a violation of the Traffic Act (unlicensed Driving) on August 17, 2016 and November 9, 2016; (b) the same difference between the 5th unlicensed Driving Vehicle in the year 2016; and (c) the two 2nd Unlicensed Driving Vehicle in the year 2016 is the same difference as the 2nd Unlicensed Driving Vehicle in the instant case; (d) the likelihood of recidivism by the Defendant is high; (b) the previous violation of the Road Traffic Act (d) and the previous violation of the Road Traffic Act (d).

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