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(영문) 창원지방법원 2017.09.27 2017고단2093
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 4, 2017, at around 09:00, the Defendant driven Bone Star Track truck at approximately 10 km from the front of the Jungwon-si, the Changwon-si, the members of the Changwon-si, Kim Jong-si without a driver's license, to the point of about 135 km away from the Busan Highway, to the point of 135 km away from the Busan Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the fact that the defendant has been punished for drinking or driving without a license even before is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence and environment, and criminal records and arguments, were determined in the same sentence as the order.

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