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(영문) 창원지방법원 2016.03.25 2015고단3039

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 7, 2015, the Defendant, without obtaining a driver’s license from around 11:00, driven C Poter vehicle at around 190 meters in front of the commercial GSS road in the GSS in the Glue-dong, Kimhae-si, Kimhae-si, the same city road, such as agriculture, etc., up to about 200 meters in front of the elementary school in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspected providers of violating the Traffic Act (non-licensed driving) on the road, and the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The reasons for sentencing under Article 152 Subparag. 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act regarding the crime of this case are as follows: (a) on February 26, 2015, the Defendant was sentenced to a suspended sentence of one year and six months on March 6, 2015 by imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Support of the Changwon District Court, which became final and conclusive on March 6, 2015; (b) the Defendant committed the crime of this case again despite being sentenced to a fine for the crime of violation of the Road Traffic Act (unlicensed Driving) on two occasions during the suspended sentence period; and (c) on the background leading up to the crime of this case, it is necessary to see the Defendant’s intention to comply with the traffic-related Acts and subordinate statutes.

The first sentence against the defendant is inevitable because the defendant only encourages the accident at the time of law, and the defendant's strict sentence is not the same as a suppression of crime through punishment.

However, in this case, the punishment should be imposed by imprisonment without prison labor for a prison labor of one year and six months which has been suspended due to the invalidation of the sentence of the previous suspension of execution, and other factors such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc. shall be determined as follows.