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(영문) 창원지방법원 거창지원 2013.09.11 2013고단207
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

On February 21, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's branch on February 21, 2013, and such sentence became final and conclusive on March 1, 2013, and is currently under the suspended sentence.

On July 9, 2013, at around 10:15, the Defendant driven a car in Category C, without a car driver’s license, from around 3 km section from the front side of the Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun to the middle distance in the same side of the 3km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. The section of judgment: Investigation report (Attachment of criminal records during the period of suspension of execution), copy of judgment, and application of Acts and subordinate statutes;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. The reason for imposing selective fines for sentencing is that the defendant was punished five times due to drinking and unlicensed driving crimes. In particular, in light of the fact that the defendant committed the crime of unlicensed driving in this case even though he/she was under the period of suspension of imprisonment due to the present refusal of drinking measurement and the crime of unlicensed driving, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant seems to have been put on probation relatively faithfully during the period during which the defendant was suspended from probation, and that there are some circumstances that can be considered in the process of committing the crime without a license, the defendant again gives a warning to the defendant that he would not commit the same crime as driving without a license, and then sentence the same as the order is sentenced.

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