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(영문) 창원지방법원 진주지원 2016.10.19 2016고단716
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 15, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) and two years of suspended execution on July 28, 2016 in the Changwon District Court Musan Branch.

1. On June 3, 2016, the Defendant, without obtaining a driver’s license at around 10:40 on June 3, 2016, driven a vehicle of approximately 1 kilometer from the front day of the rooftop ginseng street in the roof-dong at the time of Jinju to the front day of the charging station at the beginning of the same city.

2. On July 1, 2016, the Defendant, without obtaining a driver’s license at around 13:10 on July 1, 2016, driven at a section of approximately KRW 500 meters from the front side of the lower-class forest apartment zone located in the lower-class city at the time of having boarding the said vehicle to the front side of the agricultural product wholesale market located in the same city.

3. On July 7, 2016, the Defendant, without obtaining a driver’s license at around 11:05, driven at a section of about 100 meters from the front of the sampling advertisement to the front road of the Southern River in the same Dong, located in the opposite Dong at the time of driving on the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Details of cancellation disposition of driver's license and the register of driver's license;

1. Previouss before judgment: Criminal records, references to criminal records, amounts of previous dispositions, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the Defendant was punished by a fine on March 1, 2016 after the revocation of the driver’s license for a motor vehicle on or around July 2015; (b) even if he/she was punished by a fine on or around October 2015, he/she committed an unlicensed driving on three occasions from June 3, 2016 to July 7, 2016 without any awareness; and (c) the Defendant repeatedly committed an offense in violation of the Act on the Control of Narcotics, etc. (f) on or around December 15, 2015.

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