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(영문) 대전지방법원 공주지원 2018.02.09 2017고단409
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 October 28, 2017, the Defendant driven a d'hurd motor vehicle without obtaining a driver's license from a section of about 2 km from the front side of the Jeonjin-gu, Jeonjin-gu to the front side of the Dongdae-ju, which is located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Each investigation report, photograph description, circumstantial report on driving without a license, and application of the Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the period of suspension of execution due to driving without a license, and the defendant also drive without a license. It requires strict punishment.

However, the defendant is led to confession, is in depth against himself, and is not required to repeat the crime.

In consideration of the fact that the defendant is moving to his family and defense counsel, and that many people want to move to the defendant's wife, it is possible to choose a fine to give the last opportunity to move to himself instead of the treatment within the facility.

In this context, the defendant's age, sex, home environment, frequency and frequency of driving without a license, circumstances after the crime, etc. shall be considered, and the punishment as ordered shall be determined.

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