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(영문) 대구지방법원 상주지원 2017.07.18 2017고단188
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 23, 2017, at around 11:20, the Defendant driven a new car without the driver’s license from approximately 1km section from the front side of the Gurogate of the Gurogate to the front road of about 1048-2 in the same reckoning.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to a punishment due to a violation of the Road Traffic Act (unlicensed driving) on several occasions, and the Defendant was sentenced to a violation of the Road Traffic Act (unlicensed driving) around 2016.

Nevertheless, there has been no long time to complete the enforcement, and again, the crime of non-licenseless driving of this case has been committed.

The reason why the crackdown has been enforced is also poor.

The above points are disadvantageous to the defendant.

The defendant is recognized as committing a crime and is against the law.

In 2016, the major contents of the crime committed before and after the sentence seems to have stolen the farming organizations equivalent to the total million won on several occasions.

The driver's license alone does not have been punished for a suspended sentence or heavier.

After this case, the automobile was disposed of.

In full view of the above points, it is somewhat excessive to select and sentence the defendant to imprisonment with prison labor in this case.

The judgment of the court shall be based on the selection of fines, but the sentence shall be determined as ordered by comprehensively taking into account the above circumstances and other factors of sentencing specified in the arguments and records of this case.

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