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(영문) 창원지방법원 통영지원 2016.09.08 2016고단904
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2016, the Defendant, without obtaining a driver’s license at around 15:40 on June 29, 2016, driven C Sti-type vehicle at a section of approximately 1.5 km from the front of the national housing located at the lower west-si, Gyeongnam-si, to the front of the lux-si, Gyeongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the situation of operation without a license;

1. On-site photographs;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished two times due to driving without license after the license was revoked due to driving without license, and the Defendant’s age, character and conduct, family relation, circumstances leading to this case’s crime, etc., and circumstances before and after the instant crime, etc., considered the sentencing conditions under Article 51 of the Criminal Act, and determined as above.

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