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(영문) 창원지방법원 통영지원 2016.07.22 2016고단440
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

[criminal history] On April 17, 2016, the Defendant was sentenced to imprisonment with prison labor for four months for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court through the Changwon District Court on April 17, 201, and the judgment became final and conclusive on May 10, 2016.

[2] On April 14, 2016, the Defendant driven a B-E car without obtaining a driver’s license from around 300 meters in the front of the office of the Korea Transportation Agency in the area of the Korea Transportation Agency, which is located in the Dog-ri, at around 14:40 on the same day, at around 14:40 on the day before the office of the Korea Transportation Agency, at around 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A ledger of driver's licenses and a survey report on actual condition;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes (verification of concurrent crimes relationship after Article 37 of the Criminal Act);

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act (the crime for which judgment has become final and the crime for which judgment has become final and the crime for which judgment has become concurrent crimes after Article 37 of the Criminal Act is one of the concurrent crimes, and there is a violation of equity

in this chapter.

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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