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(영문) 창원지방법원 2015.09.02 2015고단1152
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for 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

around 19:15 on April 30, 2015, the Defendant driven a 26km car without obtaining a driver’s license from the front side of the Mayang-si, Jeonyang-si, Jeonyang-si to the front side of the Gyeongnam-do, Chungcheongnam-do, Seocheon-do, Nannam-do, Seocheon-do, Nannam-do.

around 17:08 on May 16, 2015, the Defendant driven a 25 km car without obtaining a driver’s license in the section of approximately 25 km from the front of the Defendant’s residence in Kimhae-si, to the front of the same city-to- Han-si, Tae Young-si, located in the same city-to-si, through Tae Young-si, located in the same city-to-si Myeon.

Summary of Evidence

"2015 Highest 1152"

1. Defendant's legal statement;

1. Report on the current status of driving without a license, and the register of driver's licenses for motor vehicles "2015 Height 1478";

1. Defendant's legal statement;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on April 15, 2013 is that the Defendant committed each of the instant crimes, even though the Defendant received a summary order of a fine of three million won due to a violation of the Road Traffic Act (unlicensed driving) at the Changwon District Court on April 15, 2013, and the same criminal records were more than twice, the Defendant committed each of the instant crimes, which is disadvantageous

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence, after considering the fact that the defendant does not drive without a license again, that the defendant reflects the error, that the defendant has no record of being sentenced to a suspended sentence or heavier, and that there is no other record of being punished by a suspended sentence or more, shall be sentenced to the same sentence

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