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(영문) 대구지방법원 서부지원 2016.03.03 2016고단45
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 22, 2014, the Defendant was sentenced to 6 months of imprisonment, 2 years of suspended execution, and 30 days of suspended execution, by the Daegu District Court on May 2, 2014, to the crimes of violation of Road Traffic Act and violation of Road Traffic Act (unlicensed driving). The judgment becomes final and conclusive on the 30th of

【Criminal facts】 On December 7, 2015, the Defendant, without a driver’s license, driven a Meart-ro 45 [Attachment 45] Around December 7, 2015, on the road near the apartment site to the fugitive elementary school located in Daegu-gu Dong-dong, Daegu-gu, about 20km.

On January 9, 2016, the Defendant driven a H-ro vehicle without obtaining a driver’s license from around 3km to the roads of “J Reading Center” located in the Dong-gu, Daegu-gu, Daegu-gu, Seoul-gu, to the front of the “J Reading Center” located in the same Dong-gu.

Summary of Evidence

"2016 Highest 45"

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (before a suspended sentence, etc.), 2016 Height 117;

1. Statement by the defendant in court;

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes to investigation reports (facts during the

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving each without a license) concerning the facts constituting an offense, the relevant provision of the Act, and the selection of a fine, respectively, for the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was punished for the same kind of crime, etc. In particular, on May 2014, the Defendant was sentenced to a suspended sentence of six months due to drinking or driving without a license, and immediately thereafter, the Defendant committed each of the instant crimes even if he/she was subject to a fine of three million won due to a license without a license.

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