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(영문) 대전지방법원 2019.02.01 2018고단4131
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 October 29, 2018, the Defendant, without obtaining a driver’s license around 13:40 on October 29, 2018, driven the Bsch Rexton car owned by the Defendant from around 274 km to the point of Busan located in the Dae-gu Busan metropolitan Highway located in the Tae-gu, Daejeon-si.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on May 31, 2017 under Article 334(1) of the Provisional Payment Order is as follows: (a) Defendant was sentenced to imprisonment for six months with prison labor at the Daejeon District Court on May 31, 2017 and two years of suspended execution, etc. on June 8, 2017; (b) the judgment became final and conclusive on June 8, 2017

However, considering the fact that the defendant's mistake is against himself, the name of the crime for which suspension of execution is imposed is different from this case as the crime of obstruction of performance of official duties, and that the defendant has no record of punishment for the same crime after he was punished as a fine of one million won for the crime of violation of the Road Traffic Act in 2004, and that in the case of the choice of imprisonment, it seems too harsh if considering the circumstances that the suspension of execution is invalidated, the fine shall be selected only once, but the maximum amount of the fine shall be imposed by taking into account the following factors: the defendant's age, character and behavior, environment, etc., and various sentencing conditions specified in the records and arguments.

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