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(영문) 부산지방법원 동부지원 2017.03.08 2016고단398
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 28, 2016, the Defendant, without obtaining a driver’s license, driven Bi30 automobiles from the section of about 400 meters from the section of around 10:10 to the front road of the Yongsan-gu, Busan Metropolitan City.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has a criminal record of the same kind, etc. is disadvantageous.

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflected the facts charged, and that the defendant has no criminal record exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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