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(영문) 대전지방법원 홍성지원 2013.09.03 2013고단573

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 3, 2013, at around 09:40, the Defendant driven a D Ecoo vehicle without obtaining a driver's license for approximately 1 km from the front side of the Korean Concentrated Agriculture Association to the front side of the same Ri of the walls.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant Article of the Act concerning the facts constituting an offense and subparagraph 1 of Article 152 of the Road Traffic Act which selects a penalty;

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished for drinking or driving without a license on several occasions, but at the same time, the crime of driving without a license in this case seems to require a punishment corresponding to the defendant's attitude at the time of light of the law.

However, in full view of the following facts: (a) immediately after the day of the instant crime, the Defendant, an employee E, was driving in order to move a serious number of clothes to a F Hospital by cutting on the boat, and appealing for it; (b) the driving distance is relatively short of 1km; (c) there is no additional risk, such as traffic accidents, etc. due to the instant crime; and (d) the Defendant appears to repent of his fault; (b) the Defendant is punished for a suspended sentence or heavier due to the instant crime; (c) the Defendant appears to be subject to serious economic difficulties because the farming association corporation, the representative of the Defendant, was excluded from the public offering for the 2014 Agriculture and Fisheries6th Industrialization and was unable to receive economic support from the State, etc.; and (d) it is reasonable to give the Defendant an opportunity to live with compliance consciousness upon the last day of the instant crime, and thus, (e) the sentence was determined as above.