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(영문) 창원지방법원 2016.09.02 2016고단1494
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 May 19, 2016, at around 16:50, the Defendant driven a 50-meter Ba-Ba car from the front day of the Gangnam-si, Kimhae-si to the front day of the piracy located in the same Dong, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act (driving without a license) and the application of Acts and subordinate statutes concerning driver's license inquiry;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in a disadvantageous sentencing that the Defendant again committed the instant crime despite the past record of having been sentenced to a summary order of a fine of three million won for the crime of violating the Road Traffic Act (unlicensed Driving).

However, as the defendant does not drive without a license again, it is divided into errors, the defendant committed the crime of this case in order to transport materials to a passenger car owned by the employer while on duty, the reason for favorable sentencing, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., and the reason for sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence after the crime, shall be considered and sentenced to the same punishment as the order.

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