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(영문) 창원지방법원 마산지원 2014.05.20 2014고단25
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 November 27, 2013, at around 18:20, the Defendant, without a driver’s license, driven a B-II cargo vehicle at approximately 40km in front of the salary class two parallel lanes located in the wing-gun located in the wing-gun located in the wing-gun, Gyeongyang-si, Gyeong-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the Defendant’s driver’s license was revoked due to drunk driving; and (b) the Defendant again committed the instant crime despite the history of punishment multiple times due toless driving; (c) the Defendant has no record of punishment heavier than the fine due to the same type of crime; (d) the Defendant has been able to repent his mistake and not to repeat the same mistake; and (e) the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc., shall be determined by the sentence as ordered in consideration of the sentencing conditions indicated in the record.

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