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(영문) 창원지방법원 2016.02.03 2015고단2959

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

On November 5, 2015, the defendant is more than another person in the same Si-dong, from the front of apartment houses to the road in the same city-free zone, any pair of houses located in the Dong-si, Kimhae-si, Kim Jong-si, 100.

From about 500 meters to the front road of the apartment site, C Poter Cargo Vehicles were driven without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry letter of driver's license, a report on the situation of driver's license without permission, and the application of statutes to the ledger;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, at the Changwon District Court on April 8, 2013, was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act. On October 17, 2014, the same court was sentenced to a suspended sentence of ten months for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles). On October 25, 2014, the judgment became final and conclusive and conclusive on October 25, 2014, and committed the instant crime without being sentenced to a suspended sentence, is the reason for sentencing unfavorable to the Defendant.

The defendant is going to not drive without a license again while opposing the crime of this case; the defendant temporarily lent and temporarily drives the cargo vehicle of the son for the defendant's work; the crime of this case does not cause a traffic accident; the crime of this case is not caused by the crime of this case; when the sentence of this case is finalized upon the sentence of this case, the defendant must be sentenced to imprisonment with prison labor for 10 months since the suspended sentence is invalidated; it seems that this is too harsh; and the defendant's age, sex behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered to be sentenced to a fine like the order of a fine as prescribed in Article 51 of the Criminal Act, by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and result of the crime, etc., and if the