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(영문) 창원지방법원 2016.09.02 2016고단1528
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 27, 2016, at around 10:55, the Defendant driven a car from 3km section from the front side of the Nondo Apartment apartment located in the Sungwon-si, Sungwon-si, Sungwon-si to the front side of the Yandong located in the same Dong-dong, without a driver’s license, B benz E280.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

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(1) and 69(2) of the Criminal Act with detention in the workhouse is that the Defendant committed the instant crime without being among persons, even though the judgment became final and conclusive and conclusive on August 19, 2015, at the Changwon District Court on August 11, 2015, for the crime of violation of the Road Traffic Act, the Defendant committed the instant crime without being among persons, is a reason for sentencing unfavorable to the Defendant.

The defendant's recognition of the crime of this case and the crime of this case did not cause a traffic accident, and when the sentence of this case becomes final and conclusive, the sentence of the previous suspended sentence should be imposed to the punishment of six months, which was invalidated and suspended. This seems to be excessively harsh. In addition, considering the defendant's age, character and behavior, motive, means and consequence of the crime, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's name, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, the defendant shall be sentenced to the same fine as the order of punishment, and the same must be sentenced to more severe warning that the same act would no longer

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