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(영문) 창원지방법원 2016.04.08 2015고단3438
도로교통법위반(무면허운전)
Text

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 26, 2015, the Defendant, without a driver’s license of a motor vehicle, driven B cargo vehicles from approximately 3km to the front road of the Jink fire station located in the Jin-si, G in front of the Jin-si, Gin-si, Gin-si, Gin-si, Gin-si, G in front of the Jin-si, Gin-si, G in front of the Jin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspected providers of violating the Traffic Act (non-licensed driving) on the road, and the 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. 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 is that the Defendant repeatedly committed the instant crime even though he/she had a record of being sentenced to a fine on three occasions only for violating the Road Traffic Act (unlicensed driving).

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., are considered in light of the fact that the defendant's failure to drive without a license again and against the mistake, that the defendant does not have any criminal records of suspension of execution or more for the same crime, and that the defendant does not have criminal records of suspension of execution or more for the same crime.

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