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(영문) 창원지방법원 진주지원 2014.08.26 2014고단708
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

On June 19, 2014, at around 13:40, the Defendant driven the B-wing truck without obtaining a driver's license in approximately 100 meters from the 100-meter section of the B-wing truck, in front of the luxian apartment in the same Dong, as in front of the luxian.

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant continues to drive without a license even though he/she has been subject to punishment for the same crime, and it is inevitable to sentence imprisonment.

However, the execution of the above imprisonment is suspended considering the fact that the defendant does not drive without a license again, favorable circumstances, such as the fact that there is no record of punishment of imprisonment or heavier punishment suspended for the same kind of crime, and the age, economic condition, health condition, etc. of the defendant, and all of the sentencing conditions specified in the arguments of this case, including the defendant's age, economic condition, and health condition, but it is so decided as per Disposition by adding the participation in the compliance driving lecture to prevent recidivism

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