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(영문) 창원지방법원 마산지원 2017.04.25 2017고단213

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2017, around 13:05, the Defendant driven a motor vehicle of so-called lurged from the beginning of the Doncheon-si road near the Doncheon-si, Samcheon-si to the Donnam-gun, Namnam-do, to the road in approximately 3.3km from around 3.3km to the road in front of 3017 without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of operating without licenses, and the application of Acts and subordinate statutes governing the association of the main office;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

Unfavorable circumstances: there are several records of punishment for the same kind of crime, and the punishment for the same crime was imposed on December 27, 2016, and the crime of this case was committed.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment of suspended sentence or heavier for the same crime.