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(영문) 창원지방법원 2013.06.14 2013고단711
도로교통법위반(무면허운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On November 11, 2011, the Defendant is a person who was sentenced to imprisonment for four months at the Changwon District Court for a violation of the Road Traffic Act and was sentenced to a suspended sentence of two years on November 19, 201, and is currently under the grace period.

【Criminal Facts】

On February 11, 2013, at around 14:40, the Defendant, without a driver’s license, driven a C-crin car at approximately 2 km section from the road located in the 424 pactari on the window of Changwon-si without a driver’s license to the Moo Bank in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Previous convictions in judgment: The application of criminal records and original domicile records, the second half of 2011 and the second half of 2766 written judgments;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been punished three times due to drunk driving and two times due to unlicensed driving since 2008, and in particular, even though he was under the suspension period due to drunk driving, he did not know about the crime of this case, and even though he was under the suspension period due to drunk driving, the crime of this case is not well-founded, it is against the nature of the crime. However, in the situation where there are family members who should be urgently supported, if he is sentenced to imprisonment due to this case, he shall be sentenced to imprisonment for which the execution is suspended (4 months) and the defendant shall be sentenced to a fine only once in consideration of the circumstance and result leading to the crime of this case.

It is so decided as per Disposition for the above reasons.

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