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(영문) 창원지방법원 2017.06.14 2017고단1227
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2017, at around 11:40, the Defendant driven the Grand Cross without a vehicle driver's license from around 5 km to the lower limit of the same Si-Gu, Jin-gu, Jin-gu, Seoul, to the lower limit of 137 km in the instant road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

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

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime again despite the past record of criminal punishment for traffic-related crimes, including driving of drinking at least five times and driving of a license without permission on eight or more occasions (including a previous record of imprisonment for not more than five years and a one-time previous record of a fine).

In addition, in consideration of the fact that an accident has not occurred, and the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as the order shall be imposed.

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