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(영문) 울산지방법원 2017.04.12 2017고단232
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 20, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on January 28, 2016, and the judgment became final and conclusive on January 28, 2016.

On December 16, 2016, around 15:17, the Defendant driven a Fysta car without obtaining a driver’s license for a vehicle for about 8 km section from the same city to the “Flstasta car” located in the Dong-dong of Jung-gu, Jung-gu, Ulsan.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of driver's licenses, chassiss, and details of revocation of driver's licenses;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of the facts of crime during the period of suspension of execution), one copy of the judgment (30 pages of investigation records), one copy of the judgment, and one copy of the report on the results of the previous conviction of disposition;

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 reason for imposing selective sentence of imprisonment with prison labor lies in recognizing and opposing the criminal offense in this court, which is favorable to the defendant.

However, according to the evidence and the records in the Supreme Court's ruling, the following facts are revealed, and in light of the following circumstances, the defendant is subject to punishment for isolation in a short-term or marina society for a short-term period of time. In light of such circumstances, it is inevitable to punish the defendant in a short-term or marina society.

(1) As before and after the judgment, the Defendant was sentenced to imprisonment with prison labor for a period of one year, or two years of suspension of execution and is still under suspension of execution, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Daegu District Court and racing support and a crime of violation of Road Traffic Act.

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