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(영문) 창원지방법원 2016.04.05 2015고단3384
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than five 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

Criminal facts

On December 2, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law at the Changwon District Court on December 2, 2015, and the judgment became final and conclusive on December 10, 2015.

On September 7, 2015, the Defendant driven a vehicle B without obtaining a driver's license from approximately 7km section to the front road of the payment for the funeral fee (net direction) on the road in front of the Taewon-dong in Kimhae-si, Kimhae-si, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (attaching a copy of the judgment, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. In full view of the details and contents of the crime for sentencing under Article 62(1) of the Criminal Act, the sentence identical to the order was determined by comprehensively taking into account the following factors: (a) details of the crime and criminal history; and (b) reflect

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