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(영문) 창원지방법원 2018.03.29 2017고단4192

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 16, 2017, the Defendant driven a B-D car at approximately 3 km from the front of the entrance of the computer village located in the sub-dong in Kim Jong-si, Kim Jong-si without obtaining a driver's license of a motor vehicle on November 16, 2017.

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. Relevant legal provisions concerning criminal facts and Articles 152 subparag. 1 and 43 of the Road Traffic Act [Selection of a fine in consideration of the following facts: (a) the crime of this case is committed in a simple unauthorized driving; (b) although it is not good that the crime of this case is committed in the light of the fact that the defendant was sentenced to a suspended sentence of one year due to a crime of violating the Road Traffic Act (non-licensed driving) on April 12, 2017, which was sentenced to a suspended sentence of two years; and (c) it has not been sentenced to a suspended sentence of two years; and (d) the defendant committed the crime of this case during the suspended sentence of two years; and (e) the crime of this case is committed in a simple unauthorized driving; and (e) there is no criminal offense subject to a more severe punishment than

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

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