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(영문) 창원지방법원 2015.11.04 2015고단1727
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 June 15, 2015, at around 11:10, the Defendant driven the BRano five tons of cargo vehicles without obtaining a driver’s license from the front of the Greengate located in the Gangseo-gu Busan Metropolitan City to the front of the Greengate located in the same Dong from around 1km to the front of the Green Station in the same Dong.

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 has repeatedly committed the instant crime even though he/she had been sentenced to a fine on three occasions due to the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Road Traffic Act (Unlicensed Driving).

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's name, character and conduct, motive, means and consequence of the crime, etc., which reflects the error of the defendant, the fact that the defendant did not cause a traffic accident due to the crime of this case, the defendant's relation with his family is announced publicly, and the defendant's age, character and behavior, motive, means

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