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(영문) 창원지방법원 2018.04.11 2018고단389
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On 15:40 on 01. 02. 15:40 on 15:0 on 15:40, the Defendant driven a vehicle B with freight without obtaining a driver’s license from a section of about 1km in front of the construction site for the extension of the rest area of the highway in the South Sea, which is located in the same Dong from the construction site for the extension of the rest area of the highway in the South Sea, to the road 150.4km in front of

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

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 in Article 62-2 of the Criminal Act on the duty to observe protection and attend lectures has already been committed by the Defendant without a license, even though he had a total of eight times punishment due to driving without a license, again committed a second offense.

This case is a case where the defendant has been sentenced to a suspended sentence of imprisonment for 2015 due to a repeated driving without a license, and the defendant has been punished twice due to a non-license during the suspended sentence.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

On the other hand, the driving distance was not long and it did not lead to an actual accident.

While working at the construction site of an expressway resting area, it is temporarily driven a vehicle of the site warden for the purpose of treating a new disease, and the defendant does not seem to have continuously repeated driving without a license.

Among the previous criminal records of the same kind, one of them is only one of them, and the remainder is the case of a fine.

The fact that there is a family member who will support the defendant can also be considered as a favorable situation.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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