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(영문) 부산지방법원 2018.02.22 2017고단5070
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to one year of the suspended sentence for six months of imprisonment with prison labor due to a violation of road traffic law (unlicensed driving) at the Gangnam Branch of the Chuncheon District Court on April 25, 2017, and the said judgment became final and conclusive on May 3, 2017, and is currently under suspended sentence.

[Criminal facts]

1. Around August 15:25, 2017, the Defendant was driving a D-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

2. While the Defendant, at the same time as paragraph 1, driven a car in the instant international passenger terminal on the road, as above, he did not use the official document by presenting the official document under the name of the Commissioner General of the Busan Regional Police Agency, which was an official document under the custody of the Defendant, while driving a car in the instant international passenger terminal, in violation of the vehicle driving signal, and complying with the fact that he/she did not have a driver’s license to verify himself/herself.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on investigation, - photographing pictures of F driver's licenses;

1. The driver's license ledger;

1. Records of the judgment: References to inquiries, such as criminal history (A), reports on investigation (verification, etc. of the same records as a suspect A), and application of the judgment text;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the same Act (the point of driving without a license) concerning the facts constituting an offense, Article 230 of the Criminal Act (the point of uttering of official document) and the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include the previous records of the crime in the judgment, and the Defendant has reached about six times the previous records of the violation of road traffic laws due to drinking or non-licensed driving since 2002.

Nevertheless, as stated in the records of crimes, a judgment of suspended execution is rendered.

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