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(영문) 울산지방법원 2017.06.21 2017고단775
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 3, 2017, the Defendant driven a cub motor vehicle in the area of approximately 1 km from the Seongbuk-gu, Ulsan-gu to the same Gu-ro 345, without obtaining a driver's license, from around 1km-ro to the same Gu-ro 345.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment with prison labor are confessions and are in depth, and the defendant's unlicensed driving did not cause any special problem, such as violation of traffic laws and regulations.

However, the defendant has seven previous years of drinking, six previous years of driving without a license, and there are many other criminal records.

Moreover, on November 30, 2016, the Defendant was sentenced to a suspended sentence of two years on August 8, 201, for the same crime as the instant case, by the Ulsan District Court, and the said judgment became final and conclusive on December 8, 201, and is currently under suspended sentence.

Since such a judgment has not become final and conclusive for three months, the defendant was also driving without a license.

Even though a criminal defendant repeatedly committed a crime, the court continued to deal with the criminal defendant and provided sufficient opportunity to improve the criminal defendant, the defendant did not make all efforts to comply with the law.

In the end, it is time to isolate the defendant from society for a certain period of time to defend society.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench.

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