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(영문) 대구지방법원 상주지원 2017.07.11 2017고단211
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

On May 12, 2017, around 11:30, the Defendant driven a D 3 truck without the driver’s license from around 1km section from the road in front of the dwelling in the Gancheon-gun, Gyeongcheon-gun to the front of the street in this 2nd Eup in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes to the ledger of driver's licenses, inquiry into the association of the main office, and the application of tea inquiry;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a number of criminal records related to the operation of automobiles.

In 208, a person who has already been sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act in 2008, was sentenced to a criminal punishment for the same crime during the suspended sentence, and was sentenced to a suspended sentence of imprisonment again on May 12, 2016 for a violation of the Road Traffic Act.

Nevertheless, the Defendant again committed the crime of driving without the license of this case. However, the Defendant recognized and opposed to the crime.

This case is not committed together with other driving-related crimes, such as drinking driving or traffic accidents.

It seems that the elderly mother of the defendant seems that the health of the defendant is considerably good.

The crime in this case is a crime during the period of probation, and the probation has not yet passed, so it is impossible to suspend the execution when selecting imprisonment.

When considering the above points, it is somewhat excessive to sentence the defendant to the crime of non-licenseless driving of this case.

In light of the foregoing, the punishment shall be determined in accordance with the order.

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