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(영문) 창원지방법원 통영지원 2017.05.24 2017고단278
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud in the Changwon District Court’s territorial branch on March 31, 2016, and the sentence became final and conclusive on February 2, 2017, and is currently under the suspended sentence.

[2017 Highest 278] On February 22, 2017, the Defendant driven a COUL car without a vehicle driver’s license until the gold oil station located in the front Dong in the Dong-dong in the SOUL on the front of the 2:00 SOUL car.

[2017 Highest 455] On March 24, 2017, the Defendant driven a 600-meter DNA-learning car from the front of the cafeteria “Flabing sofing sofing sofing soften,” which is on the 1st 1st ropos, without obtaining a driver’s license for a motor vehicle on March 24, 2017 to the front of the cafeteria “flabing sofing” road located on the same ropos.

Summary of Evidence

[2017 Highest 278]

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, ledger of driver's licenses, tea inquiry, details of conditional revocation of driver's licenses (2017 Height 4555);

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes, such as a report on the situation of driving without a license, a vehicle vehicle driving report (D), a ledger of driver's licenses, and details of conditional cancellation of driver's licenses (in pre-marketing department), inquiry of criminal history, reporting of the results of confirmation of the previous conviction of the disposition, investigation report (report of the date of attachment and confirmation of the judgment of the suspension of the execution of the suspect), investigation

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the fact that the Defendant was punished twice by a fine due to an unlicensed driving crime; the Defendant was punished by a suspended sentence of imprisonment due to fraud; the Defendant committed each of the instant crimes at least twice in a short period during the suspended sentence period; and on March 24, 2017, at the time of committing a non-licensed driving on March 24, 2017, the alcohol concentration in blood is 0.

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