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(영문) 창원지방법원 통영지원 2017.11.02 2017고단899
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 13, 2017, the Defendant driven a B-type cargo vehicle without obtaining a driver’s license from around about 300 meters from the front of the horizontal post office located in the same Dong to the front of the department store store in the same Dong, from around 11:00 to around 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of criminal punishment five times for traffic-related crimes, such as drinking, driving without a license, etc., has committed the crime of driving without a license at the same time.

However, there is no record of criminal punishment exceeding the fine due to traffic-related crimes that the defendant recognized the crime of this case and against the wrongness.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., which are conditions for the punishment as shown in the records and pleadings, shall be determined as ordered.

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