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(영문) 창원지방법원 마산지원 2018.06.19 2018고단120
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Criminal facts

On November 15, 2017, at around 01:10, the Defendant driven two cargo vehicles from the front side of the apartment complex equipped with international markets located in 5-lane 22, Changwon-si, Changwon-si, Masan-si, Masan-si, Masan-si, to approximately 138-gil 5-ro free trade in Changwon-si, Changwon-si, Masan-si, without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the defendant of the driver's license ledger;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. The reason for sentencing a sentence of selective imprisonment is that there is a favorable circumstance that the defendant was not the perpetrator of the traffic accident where the defendant was exposed to the crime of this case, and that he reported himself to the 119 emergency medical service team to the risk of detection of the above crime in order to rescue the perpetrator at the time of the traffic accident.

However, the defendant has already been sentenced to more than 20 times, and among them, he has already been sentenced to imprisonment with prison labor and five times.

In particular, the defendant was punished twice as a crime of violating the Road Traffic Act (unlicensed Driving) only in 2016, and among them, the defendant was sentenced to the punishment twice as a crime of violating the Road Traffic Act (unlicensed Driving) and was sentenced to a suspended order from a traffic control police officer even though he/she did not stop due to a traffic signal violation while driving at one time, and continued escape without a stop order from the traffic control police officer. Thus, the defendant was sentenced to imprisonment for 10 months due to the fact that he/she was found to have committed a violation of the Road Traffic Act (toxic Driving), a violation of the Road Traffic Act (Unlicensed Driving) and a violation of the Road Traffic Act (unauthorized Driving

However, the Defendant again committed the instant crime before the period of the above suspension of execution expires.

In addition, the defendant did not appear on the date of the public trial two times or more even after being served with a writ of summons directly in the course of the trial of this case, and he was present on the date of the public trial only after being visited by the police officer at his domicile according to the request for investigation by the location of this court.

3.2

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