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(영문) 대구지방법원 2017.06.15 2017고단1462
도로교통법위반(무면허운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment or two years of suspended execution for a crime of violating road traffic law at the Daegu District Court on December 15, 2016, and such judgment became final and conclusive on December 23, 2016, and is currently under suspended execution.

In addition, the Defendant was sentenced to a fine of KRW 2 million in the Daegu District Court on November 13, 2009 for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 4 million in the same court on September 30, 201, and a fine of KRW 6 million in the same court on December 31, 2013.

[2] On February 25, 2017, the Defendant, without a driver’s license on February 25, 2017, driven a B B B-type car at approximately 10km from the front of the 3rd distance in the labor welfare center of the same Si/Gu, as the Si/Gu, in the vicinity of the network town located in the Si/Gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Optional Selection of Punishment)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act includes the defendant's records of punishment for drinking and driving without a license (limited to three times a punishment, one time a suspended sentence), and the fact that the defendant committed the crime of this case during the period of suspension of drinking. However, the crime of this case is a simple driving without a license, and the defendant's records of punishment for driving without a license are only one time, and the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc. are considered, and other various sentencing factors shown in the argument of this case, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and result of the crime, and the circumstances after the crime, etc., shall be determined as ordered

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