logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.02 2017고단4018
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

[criminal history] On November 24, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for violating road traffic laws at the Daegu District Court on November 24, 2016, and the judgment became final and conclusive on June 23, 2017.

[2] On June 18, 2017, at around 15:30 on June 18, 2017, the Defendant driven a Drocketing car without a driver’s license from the Defendant’s house located in the Daegu Suwon-gu, Daegu-do, Cheongdong-do to the point where 52 km away from the Cheongdong-do, Chungcheongnam-do, Cheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in the judgment: Application of Acts and subordinate statutes to a report on the results of confirmation of previous convictions in the disposition (30 pages of evidence), each of the judgment ( Daegu District Court Decision 2016No. 5405, Daegu District Court Decision 2016 Height 380, Daegu District Court Decision 2016)

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 among the following reasons for sentencing) and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows: (a) considering all of the factors of sentencing as shown in the records and arguments of this case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

The defendant was sentenced to four months of imprisonment, two years of suspended execution, etc. due to a violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court on June 8, 2017, and was finally decided on June 16, 2017 and was in the period of suspended execution (the defendant would not repeat the case in the above case).

(C) On June 15, 2017, when the appellate court rendered a judgment dismissing the prosecutor’s appeal on the grounds of the first case stated in the head of the crime, the Defendant committed the instant crime without being among the persons, and at least two to three days from the date of the final judgment of the suspension of execution and the date of the final judgment of the appellate court.

A favorable condition: The defendant makes his mistake.

arrow