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(영문) 창원지방법원마산지원 2020.11.25 2019고단1189

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2019, the Defendant was sentenced to four months in Busan District Court for the violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence in the Jinju Prison on June 17, 2019.

【Criminal Facts】

On November 15:10, 2019, the Defendant driven a freight vehicle B 1 ton without a driver’s license at a section of about 30 km away from the south Sea Highway to the point of approximately 120.8 km away from the Busan Highway, which is located in the direction of JinTol in the Jini-si, Jini-si, Jinn-si.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of criminal records of the same kind as a suspect and repeated crimes) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 152 (1) and 43 of the Road Traffic Act which choose the penalty;

1. The Defendant, with reason for sentencing Article 35 of the Criminal Act among repeated offenders, has a record of having been subject tohhh punishment due to driving without a license, thereby resulting in the instant crime only for five months after the execution of the sentence is terminated.

It also caused an accident.

The ruling date has not been present continuously.

However, the defendant recognizes and reflects the facts of crime.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.