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(영문) 창원지방법원 2019.09.10 2019고단474
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to 10 months in the Changwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, and completed the enforcement of the above sentence on January 21, 2017, and was punished four times due to the violation of the Road Traffic Act.

At around 22:40 on February 16, 2019, the Defendant driven a B B B B B B-S car without obtaining a driver’s license on the front of the mountain Tririri-ri, Jin-gu, Jinsan-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the detection;

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. On the grounds of sentencing Article 35 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime.

A favorable circumstances: A extenuating circumstance that seriously reflects: A person commits a crime without a license even though he/she had been already punished several times due to the crime without a license, and a person who commits the crime of this case without being well aware of the fact that he/she committed the crime of this case.

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