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부산지방법원 2019.08.09 2019고단2141 (1)
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 May 21, 2019, at around 22:35, the Defendant driven a DMF5 car without obtaining a driver's license from a parking lot near the front-down shop located in 57, Young-gu, Busan, to the front road of the C Care Center located in Busan, Jung-gu, without obtaining a driving license from a section of about 8 km.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Despite the fact that the defendant had been punished several times for driving without a license even before the sentencing period under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant committed the crime of this case, the fact that the defendant is recognized as committing the crime, the fact that the defendant is against himself/herself, and all other conditions of sentencing, including the defendant's age, environment and criminal record

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