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(영문) 창원지방법원 통영지원 2018.06.21 2018고단521
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 20, 2017, the Defendant driven a Category C truck without a driver’s license in a about 10km section from the front side of the South-Nam-ri fishery of the Dong, which is in the Scong-ri-ri, in the city of 14:30 on December 20, 2017, to the front side of the village of the Dong-si, through the fixed volume dong at a common time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of number plates, identification plates, camera photographs);

1. Article 152 of the relevant Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the selective punishment, the selection of fines;

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 of the Provisional Payment Order is that the defendant recommits the crime of this case during the period of suspended execution due to the same kind of crime, and the punishment for such crime is not exceptionally applied.

However, this case’sless driving appears to be one-time driving, the risk of re-offending is low as the driver uses the vehicle by employing the driver, and the fact that it is against the time of committing the crime, and other various conditions of sentencing as shown in the pleadings, such as the defendant’s awareness, age, sexual conduct, environment, motive for committing the crime, circumstance after committing the crime, etc., shall be determined as per the order.

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