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(영문) 대구지방법원 2017.08.24 2017고단3217

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (drinking and non-licensed driving) at the Daegu District Court on March 30, 2017, and the said judgment became final and conclusive on April 7, 2017, and is currently under suspension of execution.

[Criminal facts] On May 16, 2017, the Defendant driven an EM520 vehicle from around 2km to the road of the central road in the north-gu, Daegu-si without obtaining a driver’s license on May 16, 2017 to around 54-42, from the road in the north-gu, Daegu-gu, Daegu-si to the same 2km Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the Nowon-gu Station - Unfavorable circumstances: not only the defendant has been subject to the punishment twice due to driving without a license, but also the defendant commits the crime of this case at the same time during the suspension of execution due to the same kind of crime - The defendant's family and support relationship [the defendant has given birth to two children at the old age, has given birth to two children at a multilateral and a restaurant, etc., and the defendant's family and support relationship [the child is currently being supported by the child under difficult economic conditions (which is currently a basic recipient), and the single child is class 2 of the intellectual disability], the motive and circumstance of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the text of the order, taking into account the various reasons for sentencing specified in the arguments of this case, such as the motive and circumstances after the crime.