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(영문) 울산지방법원 2017.08.16 2017고단1072
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 April 4, 2017, the Defendant driven a motor vehicle from the front side of the Amak apartment in Ulsan-gu, Ulsan-do to the front side of the upper road of the Bmz Mts250 without obtaining a driver’s license from around 2km section from around 10:41 to the front side of the upper road of the distance of the inside of the road in Ulsan-gu, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and 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. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. The reasons for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures are many criminal convictions of the same kind, and even if the Defendant was discovered by driving without a license on February 16, 2017 and was subject to the former summary disposition of KRW 100,000 on February 23, 2017, in addition, even if he was to restrain the crime of driving without a license of this case, it is obvious that the Defendant has a tendency to disregard the public order, such as the operation of naval investigation, etc., even if he was in this court.

Provided, That the execution of imprisonment shall be postponed in consideration of the fact that the defendant is led to confession and the accident occurred due to driving without a license, and community service and lecture attendance order shall be imposed.

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