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(영문) 창원지방법원 마산지원 2016.05.10 2016고단183
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 6, 2016, the Defendant driven a B-wing truck owned by the Defendant, without obtaining a driver’s license on a motor vehicle, at approximately 4 km section from the front of the potter-si Potter-si Posium, which was located on the vibration of Changwon-si, Changwon-si, and located on the same side, from the front of the Posium Posium, to the front road of the Posium 15:40.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, report on the situation of driving without obtaining a license, ledger of driver's license, and information not covered by mandatory insurance

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes is aggregated);

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

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

There are many kinds of records that have been punished as a crime of violating the Road Traffic Act (unlicensed driving).

In particular, on April 25, 2014, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (non-licensed driving) at the Busan District Court on April 25, 2014, and two years for a suspended sentence of six months for a crime of violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court on November 7, 2014, respectively. On May 3, 2014 and November 7, 2014, the Defendant committed the instant crime of this case even though the judgment of each of the above sentence became final and conclusive and is currently under the suspended sentence.

The favorable circumstances: Recognizing and opposing the facts charged in this case.

The accident was not caused.

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