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(영문) 대구지방법원 서부지원 2016.03.24 2016고단88
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 9, 2014, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution due to a violation of road traffic law at the Seo-gu District Court’s Seo-Support, etc., and the said judgment became final and conclusive on May 17, 2014.

【Criminal facts】 On December 16, 2015, the Defendant driven a C-Pler vehicle without obtaining a driver’s license in a section of about 30 meters from the road near the intersection to the road front of the hotel in the Gu-U.S. Pyeong-dong in the Gu-U.S. Pyeong-dong around December 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The driver's license ledger;

1. Previous convictions as stated: Investigative inquiries about criminal history and the application of Acts and subordinate statutes governing investigation reports (facts under probation period);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are subject to multiple punishments for the same kind of crime, etc. In particular, around May 2014, despite the fact that the Defendant was sentenced to a one-year suspended sentence of imprisonment for the same kind of crime, etc., if considering the fact that the Defendant committed the instant crime again during the suspended sentence, the criminal liability of the Defendant is very heavy.

However, it appears that the defendant led to the confession of the crime and reflect in depth, and the above crime was committed by asking the defendant to drive the above vehicle in his/her own name by asking him/her to take advantage of his/her own vehicle, and the circumstances such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime were taken into account. The defendant's punishment shall be imposed on the defendant only once, and the punishment shall be determined as per the order.

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