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(영문) 창원지방법원 통영지원 2015.09.16 2015고단164
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On February 9, 2015, at around 15:55, the Defendant driven a motor vehicle driving at approximately 140 meters in the section of 140 meters, without obtaining a driver’s license, from the front of the accelerator in the ancient city to the front of the electronic road in the ancient city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Application of the driver's license ledger and the Acts and subordinate statutes of the main office;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Determination of the sentence of Article 51 of the Criminal Act by taking account of the following two factors: (a) the details and distance of unlicensed driving for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the records of punishment for the same crime; and (c) the Defendant’s age, character and conduct, environment, and the circumstances after the crime; and (d) the community service order and the order to attend lectures

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