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(영문) 창원지방법원 2015.07.22 2015고단787
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On March 1, 2015, at around 01:30, the Defendant started from the main apartment 101 parking lot, which was arranged for the window of the Changwon city without a driver's license, and operated the C Poter in a section of approximately 400 meters from the above main apartment 101 parking lot via convenience points that may know the trade name in the process of transmitting the window of the Changwon city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on August 8, 2011, and the same criminal records were more than four times, the Defendant committed the instant crime, which is disadvantageous to the Defendant.

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 of the crime, etc., in consideration of the following: (a) the Defendant’s failure to drive without a license again; (b) the Defendant’s failure to drive without a license; and (c) the Defendant has no record of punishment heavier than the suspended sentence; and (d) the Defendant’s age, character

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