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(영문) 창원지방법원 2013.10.01 2013고단1202
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2013 Highest 1202] On May 8, 2013, the Defendant driven BM5 vehicles at a section of about 3 km from the front of the site apartment in the Changwon-dong 215 parking lot located in the Changwon-si, Sungnam-dong without obtaining a driver's license on May 8, 2013.

[2013 Highest 1692] On December 24, 2012, the Defendant driven a BMF5 car in the section of approximately 4 km up to the 205-side parking lot located in the 205-dong of Changwon-si, Changwon-si, without obtaining a driver's license, at around 23:30 on December 24, 2012.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, respectively, to apply to the crimes;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes, even if the defendant is divided by mistake, the defendant has the history of having been sentenced four or more times for driving without a license (two times for driving without a license) since 2006, and in particular, on August 2, 2012, the Changwon District Court sentenced the defendant for three years of suspension of the execution of imprisonment for a violation of the Road Traffic Act (non-licenseless driving) at the Changwon District Court on August 10, 2012, which became final and conclusive on August 10, 2012, and again carried out without a license under subparagraph 1692 of the same Article without a license again without being aware of the fact that the defendant was under investigation due to the above without a license, and thereafter, the defendant is inevitable in light of the fact that it is inevitable to declare the period of imprisonment without a license under the name of an investigative agency.

It is so decided as per Disposition for the above reasons.

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