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(영문) 창원지방법원 통영지원 2016.12.14 2016고단1480
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 21, 2016, the Defendant driven a B X-ray car without a car driver’s license from around 300 meters from the front day of the Grand Party, which was attempted at the time of passing through a through a Dong, to the front day of the Western kindergarten located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to a traffic accident;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

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

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 details and distance of the defendant's driving of the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the defendant's age, character and conduct, environment, and circumstances after the crime, etc., as well as the punishment of the defendant, and addition of orders to provide community service and attend lectures based on reflect and reflectness.

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