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(영문) 대구지방법원 2017.10.19 2017고단4580

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 Records] The Defendant was sentenced to a suspended sentence of two years on September 8, 2016 for a violation of road traffic law (unlicensed driving) at the Daegu District Court, which became final and conclusive on April 7, 2017 and is currently under suspended execution.

[2] On August 7, 2017, the Defendant driven a vehicle B, without obtaining a driver’s license, at the section of about 20 km from the front of the 19:00 on the roads of the Gyeongnam-gun (Seoul-gun), to the point of the top-down line 172 km in the Gyeong-gu Seoul-si Daegu Highway (Seoul-gu).

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. 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 of the Criminal Procedure Act is that the Defendant committed the instant crime during the period of suspension of execution due to the same kind of crime. However, it is unfavorable for the Defendant to have committed the instant crime, but the Defendant is simply driving without license, and the Defendant has been punished for driving without license only once, and the Defendant has been punished for committing the instant crime late, and other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined by taking account of various sentencing factors indicated in the instant pleadings, such as the Defendant’s age, sexual behavior, environment