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(영문) 창원지방법원 2015.09.23 2015고단1563

도로교통법위반(무면허운전)

Text

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

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

Reasons

Punishment of the crime

On June 8, 2015, at around 03:15, the Defendant driven B-low-income cars without obtaining a driver's license from around 5 km in front of the active high-speed road located in the Kim Jong-si, Kim Jong-si to the front road in the same city-dong.

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was issued a summary order of KRW 300,000 by the Changwon District Court on November 26, 2007, which was sentenced to a fine of KRW 300,000 to a violation of the Road Traffic Act. On September 23, 2014, the Changwon District Court sentenced two years of the suspension of execution to a fine of KRW 8 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles). On October 1, 2014, the said judgment became final and conclusive and conclusive on October 1, 2014, and again committed the instant crime despite the fact that other same records were more than once.

The defendant's recognition of the crime of this case and the crime of this case did not cause a traffic accident, and when the sentence of this case becomes final and conclusive, the sentence of the previous suspended sentence should be imposed to the punishment of 8 months, which was invalidated and suspended, and this seems to be excessively harsh. In addition, considering the defendant's age, character and behavior, motive, means and consequence of the crime, and the conditions of sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, the defendant shall be sentenced to a fine like the order, and the same must be sentenced to a more severe warning if the same act is repeated at one time.