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(영문) 대구지방법원 상주지원 2019.01.29 2018고단304
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 September 25, 2018, around 02:11, the Defendant driven the Eland of Grandland without obtaining a driver's license in approximately 5 km section from the front of the road in the Da-si B at the same time on the front of the road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Detailed statement on each car inquiry, the ledger of driver's licenses (A), and the revocation of driver's licenses;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Reports on internal investigation (No. 7 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes governing accident site photographs;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, even though the defendant had been punished twice due to driving without a license, he again committed a crime without a license.

The defendant has a career of punishment related to driving in addition to driving without a license.

On the other hand, this case is a case that is discovered by a report after the defendant left the site as it is after the shocking of the vehicle parked.

The above-mentioned factors are considered disadvantageously.

However, it shall be considered in favor of the fact that the defendant recognized and reflected the crime, and that he was about to be responsible for his actions such as the agreement with the victim after the accident occurred.

A fine shall be selected by comprehensively taking into account the same points as above, the age of the defendant and other conditions for sentencing specified in the arguments and records of the case, such as the defendant's age and family relations, but the highest sentence shall be determined as ordered.

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