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(영문) 창원지방법원 마산지원 2016.05.04 2016고단244
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 March 20, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 21:00, driven a C 30km motor vehicle at about 30km from the front of the Defendant’s house located in Changwon-si, Masan-si B to the front of the night-si, Changwon-si, Masan-si, which is located in the front of the Defendant’s house located in Changwon-si, Masan-si, Gyeongnam-gun.

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the Nowon-gu District Court on December 22, 2015 are as follows: (a) the Defendant was sentenced to a two-year suspended sentence on December 30, 2015 and was sentenced to a two-month suspended sentence on December 30, 2015; and (b) the Defendant committed the instant crime during the period of suspended sentence after the said sentence became final and conclusive on December 30, 2015.

However, the defendant recognized his mistake and reflects his depth, and the crime of this case is a mere unauthorized driver, and the defendant does not again drive a unauthorized driver.

When considering the hardening point, the background leading to the instant crime, the age, family environment, etc. of the Defendant, it is reasonable to provide the Defendant with an opportunity to a more time than a sentence immediately imposed on the Defendant, and thus, a fine shall be imposed as per the disposition.

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