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(영문) 창원지방법원 2015.08.12 2015고단715
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

except that 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

On May 20, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for the crime of obstruction of performance of official duties at the Changwon District Court, and the said judgment became final and conclusive on the 28th of the same month

On February 21, 2015, at around 09:50, the Defendant, without a car driver’s license, driven a car at a section of about 50 meters from the front day of the department store store to the entrance of the upper south market located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on non-licensed driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is that the Defendant was temporarily released as bail during the appellate trial by the Changwon District Court for the obstruction of performance of official duties, and the Defendant committed the instant crime as well as the Defendant’s past record of punishment twice for the same kind of crime, etc. are the reasons for sentencing unfavorable to the Defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's mistake and reply, the defendant's current flag, escape symptoms, etc., the fact that there is no record of punishment exceeding fines only for the same kind of crime, the first head of the crime, which has become final and the crime in this case at the same time ruled, should consider equity in sentencing, and other favorable reasons such as sentencing, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, should be comprehensively considered.

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