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(영문) 창원지방법원 통영지원 2013.11.13 2013고단743
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 September 11, 2013, at around 11:00, the Defendant driven an E Car in the name of the former wife D without obtaining a driving license from around 7 km section from the Defendant’s dwelling place in Gosung-gun, Chungcheongnam-gun to the front road of the same Sindong childcare center in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and the details of disposition for cancellation thereof;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant for the reason of sentencing in Article 62-2 of the Criminal Act requires a strict punishment against the defendant by driving without a license, even though he/she could have been punished by a fine for the same kind of crime. However, the defendant's mother is in need of support of the defendant, and other circumstances such as the defendant's age, character and behavior, family relationship, family environment, means of crime, circumstances after the crime, etc. are considered, and the sentence specified in the records of this case shall be determined as ordered.

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