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(영문) 대구지방법원 2018.05.31 2017고단7137
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On December 1, 2017, the Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”) and continuously changed the lane from 159 km to 172 km away from the 159 km to the 172 km point on the road along the border in the south of the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the 150km away from the 159 km point on the road to the 172km point on the same expressway. The Defendant continued to change the lane in line without securing the safety distance to the 130 km away from the speed of 130 km to 150 km on the road.

As a result, the Defendant committed an act prohibited by the Road Traffic Act, or driven in scam by continuously or repeatedly causing danger to traffic.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a Crane car without obtaining a driver’s license at the same time and place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of a violation of the traffic laws on roads (accidented driving or unauthorized driving);

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 151-2, 46-3 (Influence of breadth), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Influence of Unlicensed Driving), and selection of fines;

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. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

In addition, the Defendant was sentenced to a suspended sentence for four months on November 10, 2016 due to a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving), and committed each of the instant crimes during the suspended sentence period.

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