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(영문) 창원지방법원 진주지원 2015.10.29 2015고단863

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 August 26, 2015, at around 11:20, the Defendant driven a C-type cargo vehicle from around the front of the Defendant’s house located in Mineyang-si B prior to that time to the front road of the G-dong, Chungcheongnam-dong, Chungcheongnam-do, Seoul, without a car driver’s license, from around 2 km to the front road of the G-dong, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the state of unregistered driving, reporting on the status of driver's license, the ledger of driver's license, and car

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 for the detention of a workhouse;

1. In light of the fact that the defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though he/she had been subject to three times of punishment for the same kind of crime, commits the crime of this case in the period of suspension of execution due to the same criminal act, etc., the defendant's liability for the crime of this case is not exceptionally applied

However, as the defendant divided his mistake and did not repeat again, the vehicle of this case was disposed of by the defendant, a large number of community residents living in the defendant wanting to take the defendant's preference, the defendant seems to have practically taken into account two early school students, and the traffic accident was not occurred due to a simple one-time driver's license. The decision of the suspension of execution of the existing execution of the execution of the execution of imprisonment seems to be somewhat harsh for the defendant, and other various factors, such as the motive, means and result of the crime, the defendant's age, environment, criminal record, family relation, and circumstances after the crime, etc., shall be determined as the same as the order.