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(영문) 울산지방법원 2016.05.12 2016고단67
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 8, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle at around 20:10, driving D e-sports vehicle at a distance of 11 km from the upper end of the bus terminal located in the Jinnam-gun, Chungcheongnam-do to the front end of the Ginnam-gun, Seocheon-do, Seocheon-do, Seocheon-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. The Defendant was punished four times due to drinking alcohol driving for the last ten years. In particular, on October 16, 2014, the Defendant was sentenced to a suspended sentence of imprisonment due to a traffic accident and driving without a license for drinking, and the judgment became final and conclusive. The instant crime was committed during the suspended sentence period. In light of these records, the punishment of a fine and a suspended sentence is not sufficient to prevent recidivism by the Defendant.

In addition, since the defendant does not repeat the driving without a drinking license, but actually causes a traffic accident and runs away, considering the fact that it seems difficult to leave the defendant's driving alone, it is inevitable to sentence a sentence to the defendant.

All of these circumstances and other factors of sentencing shall be considered, and the sentence shall be determined as per the order.

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