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(영문) 대구지방법원포항지원 2020.11.12 2020고단1128
도로교통법위반(무면허운전)
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On September 5, 2019, the Defendant was sentenced to a suspended sentence of two years for one year in imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (unlicensed Driving) in the order of the Gwangju District Court. The judgment on September 17, 2019 became final and conclusive.

【Criminal Facts】

On July 4, 2020, at around 11:05, the Defendant driven a ballon truck without obtaining a driver's license from approximately 100 km section, from the nearby roads of the B apartment unit in Gwangju-si to the point of Busan-do Office located in the south Sea Highway to the point of 97 km in Busan-do.

Accordingly, the defendant driving an automobile without obtaining a driver's license.

Summary of Evidence

1. The legal statement of the defendant and the report on the state of driving without license;

1. Registers of driver's licenses, and car4;

1. Previous convictions in judgment: The application of criminal records and investigation reports (verifications during the period of probation) and 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 (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Considering that the crime of this case was committed during the period of probation after being punished as a non-licensed traffic accident, such as the reason for sentencing under Article 334(1) of the Criminal Procedure Act and the first head of the judgment, it is reasonable to hold the Defendant liable for the severe liability.

However, the fact that the defendant has divided his mistake and is expected not to repeat again while scrappinging a driver's vehicle, the traffic accident occurred due to the driving of this case, there is no history of punishment due to imprisonment, and there is no criminal records due to the suspension of execution and the one-time imprisonment and the one-time non-licensed driving, there is no social relation, and it is obvious that social relation is obvious, and if a sentence of imprisonment is finalized due to the crime of this case, the suspension of the execution of the previous imprisonment will be invalidated and severe results will be caused.

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