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(영문) 창원지방법원 거창지원 2018.12.19 2018고정59

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 19, 2018, the Defendant driving a license without obtaining a driver’s license on July 19, 2018, the Defendant driven the EM car without obtaining a driver’s license on around approximately 150 meters from the front day of the Defendant’s house located in Gohap-gun, Gohap-gun, Gyeongcheon-gun to the front day of the D cafeteria.

2. On July 26, 2018, the Defendant driving a driver’s license without obtaining a driver’s license on July 26, 2018, on the road from the front of the Gohap-do Hospital, Gohap-gun, Chungcheongnamcheon-gun, Gohap-gun, Chungcheongnam-do, to the front of the road located in 737-20, Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-do, Gyeongcheon-do, to the front of the 73-1km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each traffic accident report, the ledger of driver's licenses, and each of the following Acts and subordinate statutes:

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of a fine) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The elements of sentencing that is disadvantageous to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The punishment of fines for other crimes was previously imposed on several occasions (no licenseless driving power is available), the factors of sentencing favorable to the effect that the defendant's mistake is recognized and reflected, the defendant has no criminal record of suspended execution or more, the defendant's health is not good, and the defendant's health is not good, and the economic situation is expected to be difficult: Comprehensively considering all the various circumstances, including the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing indicated in the theory of changes.