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(영문) 창원지방법원 2016.06.16 2015고단2097
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 August 12, 2015, the Defendant was sentenced to five months of imprisonment and one year of suspended execution as a crime of violating the Road Traffic Act at the Changwon District Court on August 12, 2015, and the judgment became final and conclusive on August 20, 2015.

1. On June 19, 2015, the Defendant: (a) driven a B-type vehicle between approximately 150 meters in the section of 150 meters from the front of the studio construction site located in the Dong-dong in Kimhae-si, without obtaining a driver’s license on June 19, 2015, to the front of the 150-meter road in the Kimhae-si dong-dong.

2. On July 25, 2015, the Defendant, without obtaining a driver’s license from around 19:10 on July 25, 2015, driven B Poter vehicle in the section of about 1km from the roads near the Dong Kimhae-si, which are located in the Dong Kimhae-si, Kimhae-si, to the private distance on the Dong Kimhae-si road located in the same Dong.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A report on the detection of a suspected violation of traffic laws (unlicensed driving) on each road;

1. The ledger of driver's licenses of each motor vehicle;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to judgment);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. A comprehensive consideration of the following factors: (a) the details and distance of driving without a license for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the frequency of crimes; (c) the record of crimes; and (d) the equity between cases of being tried together with other crimes of the same kind for which judgment has become final and conclusive;

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