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(영문) 창원지방법원 2017.06.02 2016고단4308
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2016, at around 13:21, the Defendant operated a 20-meter sprink sprink sprink spack, without obtaining a driver’s license, from around 20 meters to around the Agricultural Cooperatives, around the 13:21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

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 that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation has been that the Defendant committed a second offense without being aware of the past four times of punishment due to driving without a license.

In light of the background of the instant crime, criminal record, occupation, etc., the Defendant appears to have continuously driven the same vehicle after the license was revoked on March 2015.

However, the defendant reflects the wrongness and does not further repeat the crime.

The same criminal records as mentioned above have been sentenced to a fine, and there are no criminal records of suspension of execution or more.

A family with a family member to be supported can also be considered as a favorable situation.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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