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(영문) 대구지방법원 포항지원 2017.10.19 2017고단995
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

[criminal history] On July 13, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of road traffic law at the port branch of the Daegu District Court on July 13, 2016, and the judgment became final and conclusive on July 21, 2016.

[Criminal facts] On July 20, 2017, the Defendant driven a CTB-ri vehicle from around 200 meters away from the 11:50 driver’s license to the 3rd road of the Dog-dong, Nam-gu, Chungcheongnam-gu, Seoul Metropolitan City at the port without obtaining the driver’s license for the vehicle, to the 3rd road of the Dog-ri building located in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant is driving without a license during the period of suspension of execution and committing a second offense: The defendant must not repeat the crime as he/she committed a second offense; considering all such circumstances as above and the defendant's age, sex, career, home environment, etc., and the sentencing conditions specified in the argument of this case, such as the defendant's age, sex, home environment, etc., the sentence shall be determined as per the Disposition.

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