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(영문) 창원지방법원 진주지원 2016.12.14 2016고단924
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 18, 2016, around 10:45, the Defendant driven a B SP car owned by the Defendant without obtaining a driver's license in the section of about 6km from the front side of the 14-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, Article 152 Subparag. 1 and Article 43 of the Act on the Selection of Penalty, and the defendant's reason for sentencing of imprisonment was discovered to have been subject to a summary order of KRW 7 million on September 5, 2015, after the driver's license was revoked due to a drunk driving on or around January 2014, and was discovered to have been sentenced to a fine of KRW 7 million on or around September 5, 2015. On February 4, 2016, the defendant committed the crime in this case from the date of the sentence of suspension of the execution (as of April 12, 2016) and from the date of the sentence of the suspension of the execution (as of April 12, 2

In light of the fact that the defendant committed the crime of this case without any particular awareness about the crime of unauthorized Driving, such as repeating the same crime three times for a period of about one year, committing the crime of this case during the same probation period, and further, even though the defendant did not obtain a new driver's license after the sentence of the suspended sentence, it appears that the defendant committed the crime of this case without any particular awareness about the crime of unauthorized Driving, it is inevitable to punish the defendant significantly.

However, the fact that the defendant reflects his criminal act late, and that the defendant has no ability to punish his criminal punishment, etc. shall be considered in light of the circumstances favorable to the defendant.

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