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(영문) 창원지방법원 밀양지원 2016.11.24 2016고단459
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On June 24, 2016, the defendant was sentenced to a suspended sentence for six months by imprisonment with labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act at the Changwon District Court on June 24, 2016, and the judgment becomes final and conclusive on July 2, 2016 and is still under the suspended sentence.

The Defendant, without a driver’s license, is an obvious clerical error in the facts charged on August 21, 2016.

around 10:20, the car B was driven from the street in front of the Geumcheon-ri, Geumcheon-si, the Plsan-si, to the front road of the Dong-dong mission child care center in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on violation of the Road Traffic Act, the ledger of driver's licenses for motor vehicles, and red reference reports;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. It shall be sentenced in consideration of the following facts: Article 152 subparagraph 1 of the Act on the Punishment of Criminal Crimes; Article 152 subparagraph 1 of the Road Traffic Act; Article 43 of the Act on the Selection of Imprisonment for the Punishment of Criminal Crimes; Article 152 subparagraph 1 of the Act on the Selection of Criminal Crimes; the defendant has been punished several times due to a crime of drinking or a crime of unlicensed driving in the past; the last violation of the Road Traffic Act; the suspended sentence of imprisonment for the crime of violating the Road Traffic Act; and the violation of the Road Traffic Act; and the fact that the defendant committed

However, in determining the term of punishment, it is also considered that the defendant disposes of the passenger car used for the crime without license of this case since then.

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