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(영문) 대구지방법원 포항지원 2016.05.18 2016고단287
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

On March 6, 2016, the Defendant driven B cargo at a section of about 8 km from the front side of the machinery shield of the North-gu, Northern-gu, Seoul, to the front side of the machinery gate of the same Gu to the front side of the Kao-gu, Gyeonggi-gu, Gyeonggi-do, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines for the crime (the consideration of favorable circumstances deemed as the following grounds for sentencing)

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unlicensed driving in this case was sentenced to two years of suspended sentence on October 16, 2014 due to drinking or non-licensed driving in the previous year on the condition that the defendant was sentenced to two years of suspended sentence on August 16, 2014, and the driver without the license in this case led to driving in the previous case during the grace period. The circumstances favorable to the point that the vehicle without the license driving in this case is the same vehicle as the freight vehicle driving at the time when the above suspended sentence is sentenced: the defendant is responsible for preventing recurrence and disposing of the freight vehicle in this case; and the person with a disability who lives alone.

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