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(영문) 울산지방법원 2013.06.13 2013고단1632
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 January 6, 2013, at around 22:00, the Defendant driven a c1 ton cargo vehicle at a distance of about 50 meters from the front of the soup to the front road of Yangsan-si, Samsung Masan-dong, which is located in Yangsan-si without a driver's license for car driving, from the front of the soup to Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the current status of driving without a driver's license;

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

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. Probation and order to attend a lecture under Article 62-2(1) of the Criminal Act has no nature of crime due to traffic crimes, such as without the reason of sentencing, driving without license, etc., so the sentence of imprisonment shall be selected, but the execution thereof shall be suspended considering the occupation, age, health status, etc. of the accused;

However, in light of the aforementioned criminal record and relationship, since the risk of recidivism is very high, the probation and the order to attend a course is added, and the punishment is determined as per the order.

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