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(영문) 창원지방법원 진주지원 2018.01.09 2017고단677

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On February 1, 2013, the Defendant issued a summary order of KRW 1.5 million to a person who violated road traffic law (driving without a license) in the Changwon District Court's Jinju branch on July 2, 2014; KRW 1 million to a fine of KRW 1.5 million for the same offense in the same court on October 15, 2015; KRW 1.5 million to a fine of KRW 1.5 million for the same offense in the same court on October 15, 2015; and KRW 2.5 million to a fine of KRW 2.5 million for the same offense on August 29, 2016 and a violation of road traffic law (unlicensed driving).

[Criminal facts] On July 31, 2017, the Defendant driven B cargo vehicles without a driver’s license at approximately 2 km section from the front side of the promotional elementary school located in the Dong-dong, Jinju-si, to the front side of the Southern River Signals in the same city of Seongbuk-dong, at approximately 14:40.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Trial seal of the defendant;

1. The criminal place;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the observation of protection and the order of community service order - majority of previous convictions;