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(영문) 부산지방법원 2019.02.20 2018고단5613
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 October 7, 2017, the Defendant was sentenced to a suspended sentence of 2 months in the Busan District Court for the crime of violation of the Road Traffic Act, which became final and conclusive on October 25, 2017.

【Criminal Facts】

On November 28, 2018, the Defendant, at around 18:13, 2018, driven a DNA car owned by the Defendant without a driver’s license in the section where the distance from the front of the road located in the Busan Young-gu B to the place of fire is unknown.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 13);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant for the reason of sentencing of the provisional payment order has a record of being punished for drinking or non-licensed driving several times, and the defendant's liability is not less complicated in that he/she again committed the crime of non-licensed driving in this case during the suspended execution period due to drinking driving, such as the first head of the judgment.

On the other hand, the Defendant committed the act of driving or driving without a license after 2009 is difficult to view that there is a habit for repeated commission of similar crimes two times in the instant case, and the Defendant did not seem to have committed the act of repeated commission of driving without a license after being sentenced to a suspended sentence, and there are circumstances favorable to the Defendant, such as having his wife or company employees operate his own vehicle at ordinary times, and driving about about 10 meters in order to deduct the vehicle at the time of the instant case and not causing a traffic accident in the process.

In full view of such various circumstances as the defendant's age, character and conduct, environment, etc., the sentencing of this case shall be imposed.

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