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(영문) 창원지방법원 2016.12.16 2016고단2880

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for four 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

On August 7, 2016, the Defendant, without obtaining a driver’s license on August 10:25, 2016, driven a B low-speed car from approximately one kilometer to one kilometer from the beginning of the 45 window of the Changwon-si, Changwon-si, Changwon-si, to the flow distance in the Dong Jong-si, Changwon-si.

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 is that the Defendant again committed the instant crime even though he/she had been sentenced to a fine of KRW 4 million for the same kind of crime on November 8, 2013 in the Changwon District Court's Busan Branch on the grounds of the violation of the Road Traffic Act (unlicensed Driving) and had been punished twice, the Defendant committed the instant crime is a reason for sentencing unfavorable 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 defendant's mistake, the fact that the defendant did not cause a traffic accident due to the crime in this case, the defendant has no record of being sentenced to a suspended sentence or heavier, and the defendant's age, character and behavior, motive