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(영문) 대구지방법원 영덕지원 2012.09.26 2012고단140
도로교통법위반(무면허운전)
Text

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

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

Reasons

Punishment of the crime

On June 4, 2012, 11:04, the Defendant driven B Mt Motor Vehicles without obtaining a driver's license at a section of approximately 1.1km from the front of the fire-fighting area in the Yellowjin to the front of the dispatching Public Security Center located in the lux of the same area.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes stated in the register of driver's licenses, the register of car cars, the investigation report, and the investigation report;

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. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act was five times the criminal records of punishment for the same kind of crime, such as non-licensed driving or drunk driving, etc., and, in particular, the Daegu District Court sentenced on July 5, 201 to four months of probation on the 13th of the same month, which became final and conclusive on the 13th of the same month. The same crime was committed during the period of probation, and the distance of the criminal defendant driven without a license is short of 1.1km.

In light of the criminal records of the defendant and the driving distance without license, it is reasonable to punish the defendant as imprisonment.

However, while the Defendant was driving a vehicle of this case from the port of distribution, which is a woman living together with C, due to the fact that it was impossible to drive the vehicle because the said C complained of learning due to the fact that it was inevitably caused to the instant crime to move the said C to the hospital and go to the hospital, there are circumstances to consider the circumstances leading to the instant crime.

In addition, when the defendant operates a restaurant together with C, he supports the head of Do, children E, F, G, and H, and if the defendant is sentenced to imprisonment and detained, he seems to have a significant impact on the family's livelihood due to detention.

In addition, the defendant will not commit the same crimes as this case.

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