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(영문) 창원지방법원 2016.10.06 2015고단3071

도로교통법위반(무면허운전)

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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 became final and conclusive.

Reasons

Criminal facts

1. On August 22, 2015, the Defendant driving without a license, from around 16:00 to around 16:50 on August 22, 2015, driven a B-type vehicle without a car driver’s license in the section of approximately 50 km from the Hyundai Heavy Industries Road located in the Ulsan-dong defense Dong-dong, Ulsan-si to the point where 138 km away from the south Sea Highway at the Jin-si, Chungcheongnam-si.

2. On September 17, 2015, the Defendant driving without a license, from around 14:00 to around 14:20, Sept. 17, 2015, driven a C Carp vehicle without a driver’s license in the section of about 20km from the road located in the Scheon-si Sacheon-si to the front road of the entrance of the Samcheon-si Gyeongcheon-si.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each place of criminal;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime; and

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. A suspended sentence under Article 62(1) of the Criminal Act, comprehensively taking into account the following factors: (a) details and distance of each reason for sentencing; (b) frequency of crimes; (c) history of crimes; and (d) the location of the crimes; and (c)