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(영문) 부산지방법원 2020.02.20 2019고단6094
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

[Criminal Power] On November 6, 2019, the Defendant was sentenced to two years of imprisonment and three years of suspended execution at the Busan District Court on the grounds of a violation of the Road Traffic Act (unlicensed Driving). The judgment becomes final and conclusive on November 14, 2019 and is still under suspended execution.

【Criminal Facts】

On November 30, 2019, the Defendant, without obtaining a driver's license on November 30, 2019, driven the car from the front of the C Apartment in Busan City, to the front of the E Association in Busan Dong-gu, about 9.1km to the front of the E Association in Busan Dong-gu, and operated the car at the Busan Dong-gu, from around 23:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Before judgment: References to criminal records, investigation reports (verification of the same attached records), and criminal records and the application of statutes;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was sentenced to a suspended sentence of imprisonment due to an unlicensed driving, and the defendant re-licensed driving during the suspended sentence is in need of strict measures. However, the defendant led to the confession of the crime and his mistake in depth, the defendant was living as a food service employee, and the defendant's age, family form, and criminal records were considered in consideration of the defendant's age, family form, and criminal records.

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