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(영문) 창원지방법원 2016.02.12 2015고단2998
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2015, the Defendant, at around 15:20, driven a car in the C Coindo, without obtaining a driver’s license, from around 1km section from the front of a mutually influorous restaurant located in the Gang-si, Kimhae-si to the front of a water purification tank located in the same tri-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspected providers of violating the Traffic Act (driving without a license) on the road, reporting on the situation of driving without a license, and the application of Acts and subordinate statutes concerning driver's license;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “contributive sentence”) is that the Defendant committed the instant crime again on November 24, 2008, despite the fact that on March 19, 2012, at the Changwon District Court rendered a summary order of KRW 3,50,000,000,000,000,000 for a fine for the same offense due to the same offense in the same court on March 19, 2012, and on March 17, 2014, even if the same court received each of the summary order of KRW 3 million for the same offense, the Defendant committed the instant crime, which is disadvantageous to the Defendant.

However, in order for the defendant to reflect the wrong, the defendant's wife, who is a cancer patient, to leave the hospital, was causing the crime of this case, the defendant's family, the relation with his family, the defendant has been announced publicly, the defendant has no criminal record of suspended execution or more, the defendant's age, sex, motive, means and consequence of the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be sentenced to the same sentence as the order.

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