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(영문) 창원지방법원 진주지원 2016.09.06 2016고단675

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On June 18, 2016, at around 10:10, the Defendant driven a Dsan-type car without obtaining a driver’s license from the front side of the Southern-gun, Chungcheongnam-gun, Chungcheongnam-do to the intersection of approximately 264-10km-ro, the Jin-dong, Hanam-gun, Chungcheongnam-do.

2. On June 19, 2016, around 10:45, the Defendant driven the said vehicle without obtaining a driver’s license from around 3.5 km to the roads front of the Chang-gun of the Southern Sea Police Station, which are located in the 3017, from the front line of the Samcheon-si, Samcheon Sea Tourism Hotel located in 80, Seocheon-si, Gyeongcheon-do, to the front line of the 3017 Southern Sea Safety Center.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant laws concerning criminal facts, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the court, on May 3, 2016, was sentenced to a suspended sentence of two years for the six months of imprisonment for a violation of the Road Traffic Act (hereinafter referred to as the "driving") by the court on May 3, 2016; (b) the defendant committed each of the crimes without a license in this case continuously for about forty-five (45) days after he was sentenced to a suspended sentence; (c) the defendant, at the time of the first crackdown (Article 1 of the Criminal Act), tried to hear the shock that "shall not drive without a license" from a police officer at the time of the first control (Article 2 of the Criminal Act); (d) once the judgment in this case becomes final and conclusive, the above suspended sentence becomes void, taking into account various circumstances such as the defendant's age, character and behavior, environment, family relationship, motive, means and result of the crime, and circumstances after the crime.