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(영문) 대구지방법원 포항지원 2017.06.08 2017고단373

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On February 5, 2014, the Defendant was issued a summary order of KRW 8 million for a violation of road traffic laws (unlicensed driving) at the port branch of the Daegu District Court on February 5, 2014, and on February 8, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime, etc. at the same court on February 16, 2017, and the said judgment became final and conclusive.

[Criminal facts] On March 26, 2017, the Defendant driven a clater’s car without obtaining a driver’s license from around about 1 k meters section from the phone line adjacent to the telephone station in the Northern-dong, Seoul-dong, Seoul-dong, Seoul-dong, to the same front of the Hanyang-dong with death.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

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 concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are divided by the defendant, and the defendant's transfer of his own vehicle after the instant case, etc. does not repeat the crime, and other circumstances, such as the defendant's age, environment, sexual conduct, motive for committing the crime, and circumstances after committing the crime, etc., shall be determined as per the order, taking into account all the various circumstances, which are the conditions for sentencing specified in the pleadings of this case, including the defendant's age