(영문) 대구지방법원 김천지원 2015.06.24 2015고단353

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(영문) 대구지방법원 김천지원 2015.06.24 2015고단353

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

At around 14:20 on February 26, 2015, the Defendant driven a EXE car from approximately 30 meters away from the front road of the new floor located in the Nowon-gu, Seoul Special Metropolitan City to the front road of the Seocho-gu store in the same Dong without a car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

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. On January 3, 2014, the crime of this case for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the provisional payment order has a history of being punished by a majority of the defendants for the same crime, and this court was sentenced to the suspension of the execution of six months for the violation of the Road Traffic Act on January 3, 2014 and was sentenced to the suspension of the execution of two years for the same violation of the Road Traffic Act, without being aware of the fact that it

On the other hand, there are circumstances to consider such as: (a) the Defendant’s mistake has been pened in depth; and (b) the Defendant has repeated not to drive without a license again as the last mistake; (c) the Defendant did not move to a drinking driving at the time of the instant crime; and (d) did not cause an accident.

In addition, when comprehensively considering the defendant's age, criminal records, character and conduct, environment, circumstances leading to the crime of this case, circumstances after the crime, etc., the defendant shall be given an opportunity to last and the defendant shall be given an opportunity to return to a sound social member, and the punishment shall be determined like the order.

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