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(영문) 대전지방법원 2019.05.16 2019고단837
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

On September 13, 2018, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on September 13, 2018, and on September 21, 2018, the Defendant is currently under suspended sentence.

On March 12, 2019, the Defendant, without obtaining a driver’s license around 14:20 on March 12, 2019, driven the E-motor vehicle from around 1km to D in front of the Daejeon High School.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and a statement of control;

1. Registers of driver's licenses;

1. Previous records: Criminal history records, inquiry reports, investigation reports (fact that the defendant is under probation), one written judgment, and one copy of case information-related Acts and subordinate statutes;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant committed the instant crime during the period of suspended execution due to drunk driving, etc. for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the Defendant.

On the other hand, the following are the circumstances: (a) the Defendant recognized his mistake as to the instant crime; (b) there are circumstances to consider the circumstances leading to the instant crime; and (c) the risk of the instant crime is not large; and (d) the driving distance is relatively short distance, etc. favorable to the Defendant.

In addition to these circumstances, the sentence like the order shall be imposed in consideration of the age, character and conduct, environment, etc. of the defendant and all the conditions of sentencing as shown in the records and arguments of this case.

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