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(영문) 창원지방법원 거창지원 2018.11.28 2018고단224
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 23, 2018, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a liquid sports cargo vehicle at approximately 8 kilometers from the front day of the Kandong-gu Seoul Metropolitan City, Jindong-gu to the front day of the Kannam-gun, the Gandong-gu, Seoul Metropolitan City, to the front day of the Kannam-gun, Gandong-gun, Gandong-gu, Gannam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to make a report on the situation of driving without a license, inquiry about driver's license, and inquiry into tea;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense (the occupation of driving without a license and the choice of imprisonment);

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

1. On February 27, 2018, the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the issuance of a summary order of a fine of five million won due to a violation of road traffic law (unlicensed driving) in the Changwon District Court’s Changwon District Court’s branch on February 27, 2018, once again driving the instant unlicensed driving of the instant case, even though the same criminal records were three times.

It has a lot of history of criminal punishment for other crimes.

Since such a defendant's fine is no longer effective to prevent crime, the defendant is sentenced to imprisonment.

However, in full view of the various circumstances that are conditions for the sentencing of this case, such as the fact that the defendant misleads the defendant, the age of the defendant, and circumstances after the crime, the punishment is determined as per the order.

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