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(영문) 창원지방법원 2017.06.28 2017고단204
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 10:45 on January 5, 2017, 201, driven a 201 knex vehicle without obtaining a driver’s license for a vehicle with approximately 10 km from the front side of the parking lot for the cafeteria-dong Seoul Metropolitan City, Kimhae-si to the intersection of the Jeju-si, Kimhae-si.

Around 10:45 on January 31, 2017, the Defendant driven C Lastren motor vehicle without obtaining a driver’s license in the section of about 2 km from around 10:20 meters from the front of the CC, Kim Jong-si, Kim Jong-si, to the front of the road at the same speed of the same hour to the front of the road at the same time.

Summary of Evidence

"2017 Highest 204"

1. Statement by the defendant in court;

1. "Motor vehicle driver's license ledger 2017 Senior 658";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant again committed the instant crime even though he had been punished several times, including four times of drinking driving and two times of unlicensed driving, and it is not good that the Defendant committed the instant crime, such as re-driving without a license, even before the lapse of two weeks after being investigated by the first driver without a license.

In addition, in consideration of the fact that an accident has not occurred, and the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as the order shall be imposed.

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