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(영문) 창원지방법원 2016.02.12 2015고단2807
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 12, 2015, at around 16:25, the Defendant driven a Category C cargo vehicle from around 500 meters away from the front parking area of the 1110-dong, Kusan-si, Kimhae-si to the front road of the Kusan-si located in the same Dong, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Detection and reporting of violation of the Road Traffic Act (unlicensed driving), and application of the Act 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 concerning the facts constituting a crime;

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

1. On January 28, 2015, the Defendant, with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on January 28, 2015, for one year, two years of suspension of execution, and observation of protection. On February 5, 2015, the Defendant committed the instant crime even though the said judgment became final and conclusive on February 5, 2015, and still during the suspension

Along with the fact that the defendant recognized the crime of this case and against himself, did not cause a traffic accident due to the crime of this case, there are eight children who must support the defendant, and the defendant must be sentenced to imprisonment with prison labor for one year where the sentence of the previous suspended execution is invalidated and the suspended sentence is imposed in this case, which seems to be too harsh, and the defendant's age, sexual conduct, motive, means and consequence of the crime, as well as the circumstances after the crime, etc., the sentence of a fine like the order is to be imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the fact that the same act is no longer repeated at any time.

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