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(영문) 창원지방법원 2015.10.14 2015고단1624
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2015, the Defendant, without obtaining a driver’s license at around 19:24, driven a car at approximately 1 km section from the front of the Jinhae-gu Budio to the front road of the same Gu dong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

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 is that the Defendant again committed the instant crime despite the fact that the Changwon District Court received a summary order of a fine of five million won due to a violation of the Road Traffic Act (unlicensed Driving) on October 22, 2012, in addition to the fact that the Defendant had been notified of a summary order of a fine of five million won by 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, character and conduct, motive, means and consequence of the crime, etc., which reflects the defendant's mistake, which 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

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