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(영문) 창원지방법원 2015.10.14 2015고단1831

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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 July 1, 2015, at around 10:30, the Defendant, without a car driver’s license, driven B benz car at approximately KRW 690 meters from the front day of the Western Technology, which was located at 1:8, 84-gil, Kimhae-si, to the third day of the green golf course located at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register 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 committed the instant crime again despite the fact that he/she had been punished three times due to the violation of the Road Traffic Act due to the unlicensed driving.

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 error of the defendant, the fact that the crime of this case does not cause a traffic accident, the defendant has no criminal record of suspended execution or more, and the defendant is sentenced to the same punishment as the order.