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(영문) 창원지방법원 2015.07.21 2015고단985
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

Criminal facts

On February 24, 2015, at around 13:45, the Defendant driven B Poter cargo vehicle without obtaining a driver's license from approximately 10km section of Korea-U.K., which was located in the Maduk-ri, Kimhae-si, Kimhae-si, Kimhae-si, to the front road of apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

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

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances were taken into account in determining the sentence, such as the reasoning for sentencing under Article 62(1) of the Criminal Act.

- Unfavorable circumstances: The continuous criminal acts are committed even though there are many past records of criminal punishment due to traffic-related violations, such as drinking and unlicensed driving, etc. - The favorable circumstances: the fact that there is no record of criminal punishment exceeding the fine, and the violation of the law

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