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(영문) 대구지방법원 안동지원 2018.11.23 2018고단481
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months of imprisonment for a crime of violating road traffic law in the Daegu District Court's support on November 8, 2016, and the probation period becomes final and conclusive on the 16th of the same month.

[2] On July 4, 2018, the Defendant driving a sports cargo vehicle C in the 7km section without a vehicle driver’s license at around July 4, 2018, via a “Dorash landscaping” located in the Dong-gu Dong-dong, Pung-dong, Pung-dong, Pung-dong, a permanent residence of which was located in B on July 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger and the driver's license ledger;

1. A survey report on actual condition, a photo at the scene of an accident, and a quotation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on confirmation of the same criminal history as

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 under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished once a suspended sentence and three times a fine due to drinking driving, and in particular, there is a high possibility of criticism in that he committed the instant crime during the suspended sentence.

However, the defendant acknowledges his mistake and reflects that he does not repeat again.

The defendant is not subject to punishment due to driving without a license, and there is no particular criminal record except for those due to traffic-related crimes.

In addition, taking into account all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, it is reasonable to give the defendant an opportunity to be sentenced more recently than to sentence the defendant.

Since it is determined, the sentence shall be determined as ordered.

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