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(영문) 창원지방법원 2020.11.17 2020고단2230
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2020, the Defendant, without obtaining a driver's license at around 20:30 on June 14, 2020, driven approximately KRW 1 km D class-3 freight cars from front of Kimhae-si B apartment to cel.

Summary of Evidence

1. Application of Acts and subordinate statutes to each investigation report on the legal statement, driver's license register, chassis, and disposition on cancellation of license of a defendant;

1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act of the suspended execution (Article 62(1) of the same Act (Article 62(1) of the same Act, however, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for a violation of the Road Traffic Act on April 21, 2017, as well as a suspended sentence of two years for a violation of the Road Traffic Act (Unlicensed Driving) and three times in the previous case of the suspended execution. Considerations against the mistake

1. Probation and community service order shall be judged as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act;

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