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(영문) 창원지방법원 2018.03.14 2017고단3928
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] Violation of the Traffic Act (Unlicensed Driving in 2014): Imprisonment with prison labor for 8 months and a fine of 200,000 won (unlicensed Driving in 2017): A repeated crime case of a fine of 5 million won: violation of the Punishment of Violences, etc. Act (joint injury) sentenced by the Changwon District Court on October 6, 2016: six months: termination of the execution of the detention house sentence in Dong Young-gu on January 12, 2017 / [criminal fact] Defendant did not obtain a driver's license; around 00:50 on October 24, 2017, the amount of 300 meters from the flow distance to the front day of the KTK in the same Dong-gu, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

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 selected as a penalty.

1. The sentence of Article 35 of the Criminal Act for aggravated repeated crimes is the former sentence (in a case where the sentencing criteria are not set): The grounds for aggravated punishment for six months: Imprisonment with prison labor: Cumulative punishment for a repeated crime, recidivism during the trial in the preceding case, cumulative criminal records in the same kind (=time of a fine of one time suspension of execution of actual punishment). The confession, etc.;

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