(영문) 창원지방법원 2016.02.03 2015고단2983

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(영문) 창원지방법원 2016.02.03 2015고단2983

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for not less than five 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 November 9, 2015, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a B rocketing car at the section of about 1 km up to the roads front of the said gold crym in front of the said gold crym in front of the gold cryp, in the vicinity of the gold cryp, which is located in the gold cryp in the city of Kimhae-si without obtaining a driver’s license on a vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the situation report on driving without licenses and driver's license;

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on October 22, 2012, the Defendant committed the instant crime, despite the fact that the Changwon District Court was notified of a summary order of a fine of three million won due to a violation of road traffic laws (unlicensed driving) at the Changwon District Court on October 22, 2012, not only three times more than three times, but also two times more, despite the fact that the Defendant had been sentenced to a fine on two occasions only, is the reason for sentencing unfavorable to the Defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc., which reflects the defendant's mistake, that the defendant did not cause a traffic accident due to the crime in this case, that the defendant has no record of being sentenced to a suspended sentence or heavier for the same crime, and that the defendant has no record of being punished for the same crime, shall be sentenced

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