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(영문) 춘천지방법원 속초지원 2014.07.16 2014고단208

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 Power] On August 14, 2013, the Defendant was sentenced to two years of suspension of the execution on August 22, 2013 at the Seocho District Court’s territorial branch for the violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

At around 00:30 on May 15, 2014, the Defendant driven CranxG car without obtaining a driver's license for about 10 meters in the street in the vicinity of the fluent restaurant located in Seocho-si, Seocho-si.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act applicable to the crime and Article 152 Subparag. 1 and Article 152 of the Act on the Selection of Punishment, etc. (the defendant has been subject to criminal punishment several times, including one time of suspended sentence due to the same crime, and the crime in this case was committed during the period of suspended sentence. However, the distance of driving without the license in this case is very short, and there are circumstances to be taken into account as to the circumstances leading to driving in this case, confession and reflects, the first crime during the period of suspended sentence, the first crime during the period of suspended sentence, the fact that the non-licensed driving was committed without the license, the fact that there was no criminal record of the sentence, and the decision of suspended sentence can be invalidated when selecting imprisonment in this case. It appears to be somewhat harsh even if considering the various circumstances in this case, the criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;