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(영문) 부산지방법원 2016.08.26 2016고단2901
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

"2016 Highest 2901"

1. On May 21, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 16:20, driving a C Costaex vehicle at approximately 120 meters in the section of about 120 meters from the area near the 60-gil 25, Busan, Jin-gu, Busan, to the area near the land located in the 15-gil 405-ro, Busan, Jin-dong, Busan, to the end of the 15-ro, Busan, Jin-dong.

"2016 Highest 3586"

2. On June 16, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a vehicle from the GSknex, which is located in 130 as the Busan Flux system, to the roads located in 166, as the Busan Flux system, at approximately 200 meters away from the road located in 166, to the front of the Busan Fluxus system.

Summary of Evidence

"2016 Highest 2901"

1. Statement by the defendant in court;

1. A certificate of a person;

1. "Register of driver's licenses": 2016 Highest 3586;

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a driver's license;

1. The provision of subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning criminal facts and the selection of imprisonment, respectively;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes, there is a history of being subject to five times criminal punishment due to driving without a license unfavorable to the reasons for the sentencing. In particular, the first crime as indicated in the judgment at the time when eight days have elapsed since the date of driving without a license, and then the crime was committed at the time when eight days have passed since the date of the last without a license, and the second crime as stated in the judgment was committed in addition to the above punishment, there was a history of being subject to criminal punishment for the violation of the Act on the Settlement of Vehicles and Traffic Accidents, and there was a history of being subject to criminal punishment for the escape vehicle and the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents, and in particular, there was a history of being sentenced to suspended driving without a license in 207.

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