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(영문) 전주지방법원 2015.12.22 2015고단1785
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal power] On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for two years in the period of suspension of execution and for five months in the period of larceny, etc. at the Jeonju District Court on October 10, 2014, and completed the execution of the sentence in the military prison on December 18, 2014, and the said judgment became final and conclusive on February 26, 2015, and is currently under the grace period.

【Criminal Facts】

피고인은 2015. 8. 17. 22:30경 자동차운전면허 없이 전주시 덕진구 건산로 299 홍굴이 해물짬뽕 음식점 앞 도로에서부터 같은 구 아중4길 10-8 아중안마 앞 도로에 이르기까지 약 1km 구간에서 B 그랜저XG 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each investigation report (related to specific suspect, and recognition of driving without a license);

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc., reports on the results of inquiry, previous dispositions, results of confirmation, and each investigation report (Attachment of related judgments, criminal suspects, repeated crimes, and fact-finding during probation period);

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 committed the instant crime even though he was in the period of stay of execution and the period of repeated crime as stated in the judgment of the court below, and that he attempted to deny his own crime immediately after the crime and to escape from his liability is disadvantageous to the

However, the suspended sentence and the sentence are due to the crime of fraud, larceny, or assault or bodily injury, and the records of punishment for the same crime are two times a drunk driving, one time a driving without a license, and all of them are crimes before the suspended sentence and the sentence is sentenced (the defendant is sentenced to a fine of three million won by the Jeonju District Court on May 28, 2015).

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