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(영문) 부산지방법원 2017.11.16 2017고단4407
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 12, 2017, at around 08:15, the Defendant driven a Bone Star Cornex without obtaining a driver’s license from around 20 km to around 136 km from the Highway near the Dong Kimhae-si, Kim Jong-si, 493-6, the Dong-si, Kim Jong-si, Kim Jong-si, the Republic of Korea, in the area of the expressway at around 136 km.

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. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed Driving Point), and the selection of imprisonment;

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

1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act of the community service order - Unfavorable circumstances: The defendant committed three times after 2007 the previous convictions in violation of the Road Traffic Act (driving) and two times the previous convictions in violation of the Road Traffic Act (non-licenses). In particular, the defendant was sentenced to a two-year suspended sentence for six months on February 1, 2013, and was sentenced to a fine of one million won on April 7, 2015 due to a crime of violation of the Road Traffic Act (non-licenses). The defendant was sentenced to a summary order of one million won on April 7, 2015. - favorable circumstances, such as the fact that a person without a license was sentenced to a summary order of a fine: The fact that there is only two times a person without a license, and the fact that a person closely reflects the crimes, taking into account the above various circumstances, the defendant's age, character and behavior, and the conditions of sentencing as shown in the trial process.

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