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(영문) 울산지방법원 2019.06.14 2019고단666
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 16, 2018, the Defendant driven D 25 kt truck from the front of the “C” located in Ulsan-gun, Ulsan-gun without obtaining a driver’s license on February 16, 2018 to the front road in front of the Ulsan-gun, Busan-do, Busan-do, the East Sea Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment or Imprisonment)

1. Article 62(1) of the Criminal Act on the Suspension of Execution (The following extenuating circumstances in favor of the defendant);

1. The reason for sentencing under Article 62-2 of the Criminal Act on June 2017: (a) the fact that a driver’s license was revoked due to a drunk driving on or around June 2017, even though there was no fact that the driver’s license was revoked, and the nature of the crime is not good; (b) the crime of this case was committed several times due to the same kind of crime; and (c) the fact that the crime of this case was committed, and the possibility of its criticism was not negligible; or (d) the defendant did not have an attitude to recognize and reflect his criminal act; (c) there was no traffic accident due to this case’s crime; and (d) the fact that a traffic accident was not occurred due to the occurrence of a traffic accident; and (e) the fact that a person with a disability

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and the conditions shown in the pleading.

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