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(영문) 창원지방법원 2017.12.22 2017고단3442

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On October 10, 2017, at around 10:20, the Defendant driven a B-hand car without obtaining a driver’s license from around about 500 meters from the front of the henish ground, which was located in the henhae-si, Kimhae-si, to the front of the global kindergarten in the Dong and Dong in Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The grounds for sentencing under Article 152 Subparag. 1 of the pertinent Act and Articles 152 and 43 of the Road Traffic Act regarding the crime of this case (the choice of imprisonment) are divided in depth into and against the Defendant’s mistake, and there are some other circumstances that may be somewhat considered in terms of the motive and circumstance leading to the crime of this case.

On the other hand, the Defendant committed the instant crime without being aware of the history of punishment due to drinking or unlicensed driving even before, and the fact that the Defendant committed the instant crime without being aware of the period of suspension of execution due to it is disadvantageous to the Defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.