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(영문) 울산지방법원 2018.04.25 2017고단2911
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

【Criminal Force” On November 21, 2014, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court, and completed the execution of the sentence at Busan Correctional Institution on July 21, 2015.

【The Defendant driven a motor vehicle with F typest typ, without obtaining a driver’s license, from around the front day of the Cju shop located in Ulsan-gu, Ulsan-gu, Seoul-do around July 30, 2017 to the front day of the E located in Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

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

1. An inquiry letter of driver's license and a report on the situation of driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification as to whether the same kind of power and repeated crime are confirmed);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Taking into account the following: (a) the Defendant committed the instant non-licensed driving crime during the period of repeated crimes due to the crime of driving without a license, etc. identical to that of sentencing under Article 35 of the Criminal Act for aggravated repeated crimes; (b) the Defendant, other than the aforementioned repeated crime, has the history of punishing the Defendant to imprisonment due to the crime of driving without a license; and (c) the Defendant has never obtained a driver’s license so far and there is no trace of efforts made to acquire a driver’s license

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