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(영문) 대구지방법원 김천지원 2015.04.08 2015고단63
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 January 15, 2015, the Defendant driven a BNEW EF rocketing car without a driver’s license on the road of approximately 2 km section from the Gangwon-dong Hospital located in the Gumyeong-dong in the same Gumdong-dong to the front of the same Gum high school in the same Gumdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the current status of driving without licenses, the ledger of driver's licenses, and disqualified statutes;

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 crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of being punished by a majority as a violation of the Road Traffic Act, and there is considerable criticism that this court, on June 11, 2014, sentenced two years of suspended execution to six months of imprisonment due to a violation of the Road Traffic Act, etc., and even during the suspended execution period, it is highly likely that the non-licensed driving was conducted.

On the other hand, there are also circumstances such as the fact that the defendant is able to repent his mistake in depth and not drive without obtaining a license again as the last mistake, the fact that the defendant does not move to a drunk driving at the time of the crime of this case, and did not cause an accident.

In addition, when comprehensively considering various sentencing conditions, such as the defendant's age, character and conduct, circumstances leading to the crime of this case, and circumstances after the crime, the defendant shall be given a final opportunity and the defendant shall be returned to a sound social person, and the punishment shall be determined like the order.

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