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(영문) 창원지방법원 마산지원 2017.08.22 2017고단667

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 17, 2017, at around 16:05, the Defendant driven a C-wing cargo vehicle without obtaining a driver's license from around 10km section of around 10km from around the Yandong-dong, Changwon-si, Changwon-si to the front day of the laund-gu, Changwon-si, Changwon-si to the front day of the laund-gu, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The punishment shall be determined as ordered by comprehensively taking into account the following circumstances as to the criminal facts and the reasons for the sentencing of Article 152 Subparag. 1 and Article 43 (Selection of Imprisonment) of the Road Traffic Act, as well as other factors such as the defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

On May 27, 2016, the Defendant was sentenced to imprisonment for five months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on May 27, 2016 and was sentenced to two years of suspended execution on June 4, 2016, and is still under suspended execution.

On January 10, 2017, the crime of violation of the Road Traffic Act (unlicensed Driving) committed during the period of probation was committed by this court on January 10, 2017.

In addition, the defendant has been punished for the same crime six times more.

Therefore, it is not enough to prevent the recidivism by the suspension of the execution of the sentence or the imposition of the fine to the defendant.

Since the sentence is deemed inevitable, it is inevitable to declare the sentence.

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