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(영문) 창원지방법원 2015.08.12 2014고단2921
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2014, the Defendant, without obtaining a driver’s license at around 06:50 on October 10, 2014, driven C Poter Pound and flobbbing cargo at approximately 100 meters from the three-distance intersection of the Doring-ro in the Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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. On June 23, 2008, the Defendant committed the instant crime even though he had been sentenced three times to a summary order of a fine of KRW 1.5 million due to the violation of the Road Traffic Act (unlicensed driving) at the Changwon District Court on June 23, 2008.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and result of the crime, etc., are considered and sentenced to the same punishment as the order.

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