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(영문) 대구지방법원 안동지원 2012.11.29 2012고단1103

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 23, 2011, the Defendant was sentenced to a suspended sentence of two years on July 1, 2011 in the Daegu District Court's Ansan-dong branch for the crime of violating the Road Traffic Act, etc., and is currently under the suspended sentence, which became final and conclusive on July 1, 201.

Around 14:30 on September 27, 2012, the Defendant driven a Dgallon 2 car without a driver’s license from the front side of the Defendant’s door, among the front side of the city of permanent residence in the Gyeongbuk-do, to the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

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

1. There is no room to vindicate the defendant in light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has many records of punishment for drinking or driving without a license to the defendant, thereby committing the instant crime during the period of suspension of execution, and that he has already been punished one time by a fine during the period of suspension of execution.

However, the defendant's mistake is unlicensed driving again, it does not cause a traffic accident due to a non-licensed driving, and the defendant, as a basic living recipient, supports himself/herself the wife who is administering the disease in the basin cancer, taking into account various sentencing conditions such as the background leading up to the driving of the case, the driving distance, the defendant's age, character and conduct, environment, and conditions before and after the crime, etc., and the punishment shall be determined as ordered by the order.