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(영문) 창원지방법원 2015.09.23 2015고단1489
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than five 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 23, 2015, the Defendant, without obtaining a driver’s license at around 10:25, driving a 3 km B rocketing car from the MNE plant in the 728-28-ro, Kimhae-si, to the front of the snow gate in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

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 reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "consceptive circumstances") is not only the defendant has been punished twice due to the violation of the Road Traffic Act due to the unlicensed driving, but also the fact that the defendant committed the crime of this case again despite the fact that he had been punished due to the violation of the Road Traffic Act due to the drunk driving.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., which reflects the error of the defendant, the traffic accident was not caused by the crime in this case, and the sentencing conditions of the defendant are considered as the order.

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