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(영문) 창원지방법원 진주지원 2017.12.19 2017고단599

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 27, 2016, the Defendant was punished for drinking and non-licensed driving, including being sentenced to a summary order of KRW 2 million for a violation of road traffic law (unlicensed driving) in the Jinwon District Court's Jinju branch on the following grounds: five times.

[Criminal facts] On July 11, 2017, the Defendant driven a C-wing truck without obtaining a driver’s license from around 500 meters in the section of the same Si/Gun/Gu to the front road in the same Si/Gun/Gu, via the coke-dong road located in the same Si/Gun/Gu from the Si/Gun/Gu road located in the same Si/Gun/Gu (YY) around 14:25 on July 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note, a report on the situation of driving without licenses, and an explanatory note;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the latest drinking and non-licensed records of a suspect) statute;

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. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;