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(영문) 창원지방법원 2015.09.16 2015고단1456

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:00 on May 7, 2015, the Defendant driven C Poter Cargo Vehicles owned by the Defendant without obtaining a driver’s license at a distance of about 30 kilometers from the front side of the “finine air conditioner” to the front side of the Gindo Office in Kimhae-si, Kim Jong-si, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on April 8, 201 of the Act on Probation and Order to Attend the Course is not only the past record of having been sentenced to 6 months of imprisonment and 2 years of suspended execution by the Changwon District Court on April 8, 201, but also the past record of having been punished several times for the same crime, which is disadvantageous to the defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., which reflects the error of the defendant, the fact that the defendant did not cause a traffic accident due to the crime of this case, the defendant must care for the aged parents, and other factors such as the defendant's age, character and behavior, motive, means and consequence of the crime