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(영문) 대구지방법원 2018.11.01 2018고단3642

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 history] On July 17, 2018, around 00:15, the Defendant driven a franchise-low vehicle without obtaining a driver's license from around 4 km to the front road located in the same Gu-ro 137 from the 9-4 Do to the same Gu-ro 137.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act has the record of being punished for the same crime, and in particular, even though the defendant was sentenced to 6 months of imprisonment due to a violation of the Road Traffic Act (drinking) and 2 years of suspended execution, the crime of this case is not likely to be committed in spite of the fact that he was under suspended execution.

However, considering the fact that the defendant is led to confession and reflect, the sale of vehicles, etc., and the fact that there is no record of punishment exceeding the fine due to driving without a license, it is necessary to take the action of fine only once.

Other circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., shall be determined as per the order.