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(영문) 창원지방법원 마산지원 2016.12.21 2016고단972
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 972] On July 24, 2016, the Defendant, without obtaining a driver’s license on July 17, 2016, driven a low-speed car with approximately 50 km from the front of the Simm apartment in the Chang-si, Seowon-si, Changwon-si to the front national highways of the 7-15 Sejong-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, through Gap, via the 18 Sim-gun, Changwon-gun, Seowon-si, Gyeongnam-gun, Gyeongnam-do.

[2016 Highest 1106] On August 6, 2016, the Defendant driven a Dhighest 150 km car from the front side of the Yongwon-si, Changwon-si to the front side of the 157-1rd road in the Namwon-si, Seowon-si, Chungcheongnam-si, Seoul, without obtaining a driver's license on August 6, 2016.

[2016 Highest 1157] On October 3, 2016, the Defendant driven a D lowest 1.5 km car from the road near F in Changwon-si E without obtaining a driver's license on October 3, 2016 to the road front of the Han River basin located in Changwon-si, Changwon-si, Masan-si 212 of prisoners of war.

Summary of Evidence

[2016 Height972]

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. A driver's license inquiry letter (2016 Height 1106);

1. Defendant's legal statement;

1. Registers of driver's licenses (No. 2016 Height 1157);

1. Defendant's legal statement;

1. A written statement prepared by G;

1. The actual condition survey report;

1. Application of the statutes on the car driving license register to the accused;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant had a record of having been punished several times due to driving without obtaining a license, and the Defendant committed the instant crime without obtaining a license within a short period of time.

However, the fact that the defendant recognizes his mistake and reflects all of his mistake, is the same as that of suspended execution.

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