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(영문) 창원지방법원 2017.02.03 2016고단4291
도로교통법위반(무면허운전)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 12, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving), etc. at the Changwon District Court on April 30, 2015, and the judgment became final and conclusive on July 17, 2015, and the execution of the sentence was terminated at the Tongwon District Court on July 17, 2015, and on December 2, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on December 2, 2016 and became final and conclusive on the 10th of

On March 2, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle around 17:40 minutes, driven a C Poter in a section 7 km away from the road of 134.6km in the area of the Busan metropolitan area of the Highway, South and North Korea, located in the window of Changwon-si, Kim Young-si, Kim Young-si, the rest of which is located in the rest area of the Changwon-si, North and North Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The latter part of Article 39(1) of the Exemption Criminal Act [the crime of violation of traffic laws (non-licenseed driving) on the road as indicated in the judgment below] is the defendant causing a traffic accident while driving a vehicle under drinking or non-licensed driving on November 16, 2014. The crime of this case also was discovered while driving a vehicle under the same without a license, and the occurrence of a traffic accident by driving without a license of this case does not seem to have been more severe even if the judgment was rendered simultaneously with the crime of this case, and thus, it cannot be seen that the punishment was imposed even if the crime of this case was committed simultaneously with the crime of this case, and thus, it is exempted from punishment in consideration of equity in the case of

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