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(영문) 창원지방법원마산지원 2020.11.27 2020고단994
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2011, the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's branch on November 9, 201, and was four times of the same force.

On July 28, 2020, at around 09:30, the Defendant driven a DSS5 vehicle without a driver’s license on a road of approximately 40 km at a distance of approximately 40 km from C before Chang-si, Changwon-si to the speed signal crossing at the south coast of Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The register and actual survey certificate of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, including one time of the suspension of the execution of imprisonment with prison labor, and one time of the sentence, led to the instant crime even though the Defendant had been punished four times due to non-licensed driving.

It also caused traffic accidents.

However, the defendant stated that he is aware of and against the facts of crime.

Finally, there is no clear circumstance that the punishment has been imposed in 2011, and that the driver has continued to drive without a license thereafter.

In addition, there was no loss of human life, and there was no reason to consider the situation of driving.

The suspension of the execution of imprisonment and the sentence of imprisonment are not simpleless driving.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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