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(영문) 창원지방법원 2013.09.25 2013고단2020
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 January 3, 201, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court on the grounds of a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving). On April 19, 2012, the Defendant was sentenced to imprisonment with prison labor for six months for the same crime in the same court on April 19, 201, and was sentenced to a suspended sentence of two years on the 27th of the same month, and is currently under the grace period.

【Criminal Facts】

On February 10, 2013, the Defendant, without obtaining a driver's license on a motor vehicle, driven a C Ethr-car car at approximately 5 km from the front of the Sejongcheon-do Council in the Hanhae-si, to the front of the Dong Park in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes significantly to this court;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had a record of six times for drinking and two times for driving without a license or two times for driving without license since 2003, and in particular, as before the judgment, it is very heavy for the Defendant to repeat the instant crime even though he was in the period of probation due to a non-license or a drunk driving, such as before the judgment.

However, in light of the facts leading up to this case’s imprisonment (six months) with prison labor where a person is sentenced to imprisonment with prison labor in this case under the circumstance where there are family members who are obliged to support his mistake in depth and urgently, a fine shall be selected only once, considering the fact that the defendant is not excessively harsh in terms of the circumstances and result leading up to this case, etc., and if the same crime is repeated even once, there is no longer any reason.

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