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(영문) 울산지방법원 2013.11.29 2013고단3121
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On August 25, 2013, at around 17:06, the Defendant, without a driver’s license, driven a car B from the Dongcheon Sports Center parking lot located in the Southern-gu, Ulsan-gu to the front road of the half-gu located in the same Ban-dong.

2. On September 12, 2013, at around 08:20 on September 12, 2013, the suspect driven a B low-est car from the underground parking lot in the Yongsan-gu, Chungcheongnam-gu, Seoul Special Metropolitan City to around 09:15, pursuant to the law of Ulsan-gu, Ulsan-do, to about 81 degrees on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of vehicle photographs);

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service repeats the same criminal act despite the fact that the defendant had been punished three times for driving without a license, and the defendant again causes an investigation to the prosecutor's office due to driving without a license as stated in paragraph (1) of the same crime, is an unfavorable sentencing factor against the defendant.

It is the sentencing factor favorable to the defendant that the defendant is waiting to commit the crime, that the defendant has no criminal record of the suspension of execution or more, that the case has no traffic accident or any other traffic law violations except for driving without the license, and that the defendant has borrowed the vehicle owned by the defendant while not driving without the license again.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order.

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