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(영문) 창원지방법원 진주지원 2015.05.26 2015고단199
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 11, 2015, at around 11:20, the Defendant driven a Category C cargo vehicle without a car driver’s license from around the front of the Defendant’s house located in Sacheon-si B to the front of the store of “ababane,” located in the same Si/Sacheon-si around that time.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. In view of the fact that the Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, had been sentenced to three times of a fine due to an unlicensed driving on September 2014, even though he/she had been sentenced to a fine, and again, was driving the instant unlicensed driving under the condition that the summary order was requested, the sentence of imprisonment is inevitable for the Defendant.

However, the execution of the above imprisonment is suspended considering the favorable circumstances, such as the fact that the defendant was committed in the course of committing the crime of this case, the fact that there is no record of punishment exceeding the fine for the same crime, and other various sentencing conditions as shown in the arguments of this case, such as the defendant's age, economic condition, health condition, etc., but it is so decided as per Disposition by adding the participation in social service and compliance driving lecture to prevent recidivism.

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