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(영문) 창원지방법원 2020.05.07 2020고단723
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 11:40 on February 14, 2020, the Defendant driven an Epoter Ⅱ truck without obtaining a driver's license from approximately 200 meters in front of the same Gu road at the front of the Seongbuk-gu, Seongbuk-si, Sungwon-si, Sungwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the driver's license ledger, chassis, and investigative reporting;

1. Relevant Article of the facts constituting a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act are relatively short of the distance that the defendant driven by the reason of sentencing is favorable to the defendant.

However, even though the defendant had already been punished several times due to driving without a license, the fact that the defendant again committed the crime of this case is disadvantageous to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and circumstance of the defendant, etc., shall be determined as per the disposition.

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