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(영문) 창원지방법원 2017.08.25 2017고단1952
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

From March 18, 2017 to June 25, 2017, the Defendant driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details of suspension of driver's license;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is the circumstances favorable to the Defendant, such as the Defendant’s perception of and against his mistake in depth, and there are some circumstances to consider the motive and circumstance 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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