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(영문) 대구지방법원 2019.10.23 2019고단1855

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to a suspended sentence of two years on August 27, 2018 in the Daegu District Court Kimcheon-do, for the crime of violation of the Road Traffic Act, and the judgment was finalized on April 27, 2018.

1. On March 19, 2019, at around 09:39, the Defendant violated the Road Traffic Act: (a) from a point 157 km away from the 157-km area near the Yandong-gu, Yandong-gun, Gyeongcheon-gun, Gyeongcheon-do, the Defendant committed an act of violation of speed violations, safety distance failure and prohibition of career change, and method of passing again while driving a 12-km area from a point 157 km away from the Yandong-gun, Yandong-gun, Yandong-do to a point 145 km away from the Yandong-gu, Yandong-gu, Yandong-do, Yandong-do to a point 145 km (hereinafter referred to as the

2. Around 09:50 on March 19, 2019, the Defendant was driving a B-man car without obtaining a driver’s license at a section of about 33 km from the border of the Gu-U.S. Si to the point where the 142 km along the Gyeong-dong (U.S.) drive the B-man car at the 33 km section.

Summary of Evidence

1. Defendant's legal statement;

1. A police internal investigation report (opportune: included in attached film CDs;

1. Previous records of judgment: The application of criminal records, references to criminal records, reports on prosecution investigation (verification of period of suspension of execution, etc.) and statutes;

1. Relevant Article 151-2, subparagraph 5 and 6 of Article 46-3 of the Road Traffic Act (the point of operation in sckless driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of operation in sckless driving), the selection of fines for the crime;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes provided for in a crime of violating the Road Traffic Act with a higher punishment);

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

1. Although there are many records of punishment for the sentencing of Article 334(1) of the Criminal Procedure Act due to drinking or non-licensed driving on an expressway during the period of suspension of execution, the criminal liability is not less exceptionally imposed in that he/she driving on an expressway during the period of suspension of execution, and thus, the defendant should be punished strictly. However, the witness C is a witness.