(영문) 창원지방법원 마산지원 2017.04.18 2017고단163

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(영문) 창원지방법원 마산지원 2017.04.18 2017고단163

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 February 11, 2017, at around 01:15, the Defendant driven a motor vehicle, without a motor vehicle driver’s license, at approximately KRW 500 meters from the road near the cafeteria, which is located in the members of Changwon-si, Changwon-si, Masan-si, to the road front of Samsung C and 15, the Defendant driven a motor vehicle at around 500 meters away from the cafeteria to the road front of Samsung C and 15, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the circumstances of driving without licenses, and 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. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

On December 22, 2016, the Defendant committed the instant crime even though he was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) and the Road Traffic Act (licensed driving) at the Changwon District Court on December 22, 2016, and the said judgment became final and conclusive for six months, and was punished for the same crime, including the period of suspended execution, three times the Defendant committed the instant crime.

The favorable circumstances: To participate in traffic-related volunteer activities and sell vehicles, etc., the crime of this case is closely reflected.

There are some circumstances to take into account the circumstances leading up to the driving without a license.

Considering these circumstances, the punishment of the defendant as soon as possible is imposed on the defendant shall be punished by a fine.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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